Legal Question in Family Law in Massachusetts

My Ex-husband has been claiming both of my children solely and not allowing me to claim my children because they live with him. As part of my divorce agreement I was granted the ability to claim my daughter on my income taxes every other year (my son is now too old to be claimed). If my Ex-husband goes to complete his taxes before me and claims my daughter what would legal steps be?


Asked on 12/31/13, 4:48 am

1 Answer from Attorneys
Bill Farias Law offices of Bill Farias

Are you paying support? If so, you may have a valid contempt case against him if he doesn't allow you to claim an exemption and the agreement reads that he must. You should first document attempts to resolve the matter before filing, such as a letter to him with your request and a deadline to get back to you with his response. If he doesn't respond or refuses to sign the federal tax form allowing you the exemption, see an attorney about it.

Here's the form he would have to sign: http://www.irs.gov/pub/irs-pdf/f8332.pdf

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Answered on 12/31/13, 1:10 pm


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