Legal Question in Family Law in Virginia
Irs filing
My ex signed an agreement stating if she doesn't work we claim kids. For 2 years she claimed when she didn't work we had our lawyer file in court but she agreed to reimburse for amount we would have gotten however this year she went and claimed one again. She said that IRS would require her to sign a paper for us to claim girls. Question would she have been required to sign it do we have a valid claim to go back to court? She was the one who put it in the court papers that if she didn't work I claimed both kids. What is our recourse now that she has already claimed one of the girls?
1 Answer from Attorneys
Re: Irs filing
Obviously the IRS has it's own rules about who may claim the deduction for dependents. The rule is the one with physical custody gets it. If custody it is not stated it is the one who provides the majority of the care.
If she has physical custody then she would have to sign a form giving you the tax break very year you deserved it no matter what yor agreement says. Your agreement may give it to you under certain circumstances but she would still have to sign a tax form that you would have to attach to your return.
If you deserve the credit and she will not give it to you then you must Show Cause her for contempt of Court for violating the Court Order ordering her to do so. You file that in the Court that made the Order. That judge can force her to sign the form giving you the deduction.
Good luck.
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