Pryor, OK asked in Child Custody, Divorce and Tax Law for Oklahoma

Q: My wife has a tax question. Per her divorce decree her and her ex are supposed to alternate years claiming their son.

There was a order of protection and my wife and her ex could not contact one another. The decree was final in 2017 and he was claimed by his dad in 2016 for 2015 when they were apart. My wife not her ex claimed their son in 2017 for 2016. Who is can claim their son for 2017?

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1 Lawyer Answer

Reece B. Morrel Jr

PREMIUM
Answered
  • Tax Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: I have worked on several of these cases in the past. Usually, the Judges do a fairly good job of making their instructions clear. If not, the Judge gets to see the case again. Not something they are anxious to do.

If it is not clear, I would have your wife's lawyer contact the ex-husband's lawyer to 1.) clarify or 2.) agree to a schedule. If the ex-husband fails to cooperate and insists on claiming the son every year, then it may be worthwhile to have a conversation with your wife's lawyer about filing a motion for contempt of court.

I am not trying to be vague, but cautious. If you get too many quarterbacks or lawyers calling the plays in a situation, it can cause a lot of problems.

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