Legal Question in Family Law in Virginia

Non-Custodial Parent EIC for taxes

When my husband got divorced from his 1st wife seven years ago there were no provisions put in the divorce decree regarding who gets to claim his two kids on their income tax.

My husband pays 90% of all support/money going into his ex-wifes house as she does not want to work rather she receives welfare. What court do we file with in order to address the issue of us being able to claim the kids. She files her income tax on 01/02 of every year and refuses to let us claim them. Do we go to the divorce court or do we go to child support court? Also, we live in VA but the ex lives in MO so what state would we file in? Anyone know a good lawyer in either VA or MO?


Asked on 9/10/07, 1:11 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Non-Custodial Parent EIC for taxes

Your best approach is likely to first broach the issue with the IRS with submission of proof that your husband is the one who should be legally entitled to the deduction. (The family court having jurisdction over the issue of your husnand's support obligation is unlikely to be eager to involve itself in this particular tax issue which is normally settled by agreement of the parties in the PSA[Property Settlement Agreement]which is concluded prior to the finalization of the divorce.)

Read more
Answered on 9/10/07, 1:38 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia