Legal Question in Family Law in Indiana

tax exemption

We live in Indiana and my husband has a divorce decree from 1996 giving him the right to claim his daughter every year for state and federal tax purposes --- in 2006 the mom claimed her and we had to file an amendment, she did not in 2007 but she did again this year and we found out when we went to e-file our taxes. She says that she contacted an attorney and that my husband is behind a few support payments from several years ago (has had wage assignment with employer since 1995, no word from her that any payments were missed) and that he forfeits the right to claim her since he is behind in support (which has not been confirmed) Do we file the amended return again and the tax fraud paperwork again since she is filing an exemption that she knows legally she is not to claim???


Asked on 2/11/09, 2:33 pm

1 Answer from Attorneys

Re: tax exemption

You need to review the initial decree to determine whether the right to claim the exemption is conditioned upon being up-to-date on child support. That is a starting point. If not, you need to consult an attorney in person as your question is not as simple as it seems.

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Answered on 2/11/09, 2:39 pm


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