Legal Question in Family Law in Texas
Tax Dependency Exemption for child after divorce:
My ex-husband and myself split in 2007 with our divorce finalized in 2008. In this divorce decree, it says, "IT IS ORDERED AND DECREED that Morgan Rae Dowling (me) shall have the right, in accordance with Section 152(e)(2) of the Internal Revenue Code of 1954, as amended to claim the dependency exemption for the child, Daniel Duane Dowling, for the purpose of federal income taxes for tax years 2008 and all subseuent years. This right is granded to Morgan Rae Dowling as part of the child support award in this order. IT IS ORDERED AND DECREED that Danny Duane Dowling shall execute any and all documentation necessary, to give effect to Morgan Rae Dowling's right to claim Daniel Duane Dowling as a dependent on all federal income tax returns for tax years 2008 and all subsequent years within three days receipt of written request."
2007, he claimed our son on his taxes, so then when our divorce was finilized in 2008, I was able to claim him on my taxes that year per our divorce agreement. Then in 2009, my ex-husband claimed him as he should have. Now that it is time for 2010 taxes, I went online and completed my return, but behold, the IRS rejected it because my son had already been claimed on someone else's taxes. I called my ex-husband to verify this information, his response was, he didn't realize that it was my turn to claim him. I told him that I was giving him a choice, 1) refile his taxes to have it corrected so I can claim him this year as I really need to, or 2) he needed to give me the difference of what my taxes would have been, if I had been able to claim my son as per my divorce decree. As well saying that if he couldn't agree to either one of these choices, he gave me no other choice but to file a suit of a contempt of court. I do not want to go to this extreme because we have always been able to discuss everything and work it all out if there were ever a problem. His response was that he could not do either one of my choices given, but to only offer that I claim our child on the next two tax years, 2011 2012.
Sure any other time, I would be ok with it, but here is my problem, I have been unemployed since before Christmas. Unemployment was denied and in the process of appealing it, but still not recieving any kind of income. I have already had to borrow from my parents and I can not borrow any more. Yes, I have finally started a job through a temp service, but it isn't going to get me out of my hole that I am in. I need the additional amount of money in order to get my finainces back in order and I do not loose my car or get ejected from rent house. Please help me on what I really need to do in a legal aspect.
Thank you,
Morgan Dowling
1 Answer from Attorneys
(1) Don't take him to court; or (2) Make him do something he doesn't want to do. Pick one.
You can also file a police report about a fraudulent tax return, and use that with the IRS to get the deduction back.
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