Legal Question in Family Law in Virginia
tax dependency
I would like to know if it is possible for the IRS to overide the judges descision to in my divorce decree to give my x husband all rights to the dependents status, the children reside with me full time and only visit him on occasions and it would be more beneficial for me and my husband to have them as dependents. He makes over 75,000 a year and does not qualify for the child refund. If i were to go to court where would i need to file the motion to get this changed?
1 Answer from Attorneys
Re: tax dependency
The IRS would have no authority to "override" the
provision in your final decree as to which spouse gets to claim the dependency deduction. This is a matter subject to the jurisdiction of the state court which entered your final decree of divorce and, which, presumably, still retains such jurisdiction.
The attorney who last represented you in this matter is the person you should contact about presenting a motion to the court to have this provision modified in your favor. Obviously, if that person is no longer available, then you should retain another lawyer to represent you in this matter.
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