Legal Question in Family Law in Texas

I have a question regarding the tax portion of my divorce decree. When we signed, my ex was awarded the taxes each year. We signed under the understanding that the kids would be at her house for nearly 60% of the time. However, I ended up having them for over 55% of the time last year. What happened was that she abandoned our kids over the summer to go out of town with her boyfriend. I even have a police report where I showed up to return the kids and she was a no-show. The kids where upset as they were looking forward to seeing her. She never came to pick up the kids until a week before school started.

I pay child support on time. She also owes me over $1,000 in her portion of unpaid medical bills and over $4,000 in unpaid bills awarded to her on our November 2012 divorce.

I don't want to start WW3, so I suggested to her we split the tax for last year: one kid her, one kid me. I have sent her one email and one certified letter with return receipt requested. She is refusing. I was already advised by the IRS that the deduction belongs to me and she would need an IRS form signed by me to deduct the kids. It is all outlined in PUB 501. They said that federal law trumps state law (family court).

What would you do? If I deduct the kids, would a judge hold me in contempt? I don't have unlimited funds to keep taking her back to court :(. I already tried talking to her and it is no use. She is just money hungry. If you must know, I am currently saving to take her back to court due to documented educational and medical neglect that arose when our girl was diagnosed with Aspergers (significant change in circumstances post-divorce).


Asked on 3/21/14, 7:23 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

My understanding is that if you want to do something different than the IRS rule which allocates the deduction, the parent with the right to that deduction needs to sign an IRS form. I'd discuss this issue with a CPA and get a letter from them when filing my taxes.

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Answered on 3/21/14, 10:18 pm


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