Legal Question in Family Law in Texas

Divorce was final in 2006, and one parent (Father) was granted the right to claim both dependents on taxes each year. In 2013 the Mother suddenly decided she would claim one of the children on her taxes and that she would do so without telling the Father and without changing anything on the decree. The Father found out about this when he went to file his taxes and was unable to use one of his children's SSN -- he filed by mail and has now received a letter from IRS informing him that someone else used that number and that it needs to be corrected. His ex, the Mother, is all nervous and now telling him that they had an agreement. They did not. He told her that he would not agree to give her MORE money each month without something in return, i.e. lower monthly child support or something similar. And that it would have to be made in writing. They never did this and she is saying that is why she claimed taxes and wants to again this year. (He has said no) Today he was served with lawsuit to give her one of the children for 2014 taxes (and probably next few years as their oldest is now in college and the child support has gone down -- The Mother is trying to get as much each month as she can. Does she have legal standing? Can he counter sue her for fraud 2013 taxes? Does he have a chance?

Thanks!


Asked on 12/18/14, 6:11 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

You need to talk to a family law attorney in your area.

Plus, Texas courts have no jurisdiction over the IRS -- it's federal. He probably needs to hire a CPA to help him with the IRS to resolve his issues with the IRS.

Either party can modify the child support once a year. So she can ask for the court to review his child support.

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Answered on 12/18/14, 9:33 am


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