Legal Question in Family Law in Michigan

Non custodial parent right to claim dependant child

I live in Montana, ex lives in Michigan. He has our 2 kids during school year and I have them in the summer. Decree states that I can claim oldest child every year as long as I am current with support. According to IRS, I have to have him sign form 8332 releasing the exemption. I AM current in support (printout from court clerk shows 13 payments for 2002) and he refuses to sign the form. What can I do?


Asked on 2/27/03, 4:11 pm

2 Answers from Attorneys
Gregory J. Roth Gregory J. Roth, PLLC

Re: Non custodial parent right to claim dependant child

I agree with the previous attorney response. A valid judgment of divorce is enforceable by the court that entered it. You should bring a motion to show cause to inform the court of the noncompliance and allow the court to enforce the judgment against your ex-husband.

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Answered on 3/03/03, 4:07 pm
William Stern William Stern, P.C.

Re: Non custodial parent right to claim dependant child

Bring motion in court to have him show cause why he shoud not be forced to sign form to conform with judgment. If he refuses to sign, judge can fine or jail him for contempt. Bill Stern 248-353-9400

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Answered on 2/27/03, 4:44 pm


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