Legal Question in Family Law in Tennessee

claiming child 2008 tax year

my ex and I have a signed order by the courts of tennessee (in our parenting plan) stating that I claim her in even numbered tax years(i.e. now). She lives with him but he pays me 2 dollars a month child support, which he is 1.5 years behind on. I did my taxes and they were rejected due to her ssn showing on another tax return for this year. What are my rights and what can I do?


Asked on 1/24/09, 3:00 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: claiming child 2008 tax year

If you believe that you are right in claiming her this year, then you can file your return and the IRS will determine who claimed her improperly and fine that person. You can also consider taking him to Court for contempt if he violated the Order with regard to the tax issue and/or the child support issue.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 1/26/09, 2:42 pm


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