Indianapolis, IN asked in Family Law for Indiana

Q: Non-custodial parent was allowed to put child on taxes. Can I ask for proof that refund is put in savings for child?

The judge allowed the non-custodial parent permission to place child on their taxes because they said they would put the full amount of the refund in a savings account in the child's name; can I ask for proof that it was put in the account? Showing proof was not in the court order, but since the judge allowed the non-custodial parent to place child on taxes because they said they would put the full amount in a savings do I have a right to ask for this proof? Otherwise, couldn't the non-custodial parent be held in contempt for lying to the judge?

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1 Lawyer Answer
JR Emerson
JR Emerson
Answered
  • Carmel, IN
  • Licensed in Indiana

A: Like most legal answers "it depends." If the Order did not specify that you be given proof then he/she is under no obligation to provide you with any such proof. Furthermore, if the judge did not Order the refund to be deposited into a saving account, then it is unlikely that such a deposit must be made. However, if the court did Order any refund to be deposited and those funds were NOT deposited, and the non-custodial parent refuses to make the deposit, then only the court can force compliance.

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