Q: If the judge grants a split between parents for tax return with 2 kids. What Can be done if a parent files for both.
The judge said this verbally, and didnt document the decision.
A: Unless it is in a court order, it is hard to enforce such provisions. If the judge forgot to put it in a court order, this can typically be corrected with the proper motion. To file such motion, hire a lawyer.
A: A court speaks only through its orders. If it is not in the order, it does not exist. Move the court to correct the order.
If the court order split the exemptions, then the parent taking both is in violation of the order. Move to compel compliance with the order.
If separate parents claim the same dependent, the IRS computers will eventually find the discrepancy and send a notice. Whoever has the court order supporting their return will prevail. The IRS will require the parent in violation to amend their tax return.
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