Dayton, OH asked in Tax Law and Child Custody for Ohio

Q: I was divorced in 2009 in ohio. I'm my decree it states I claim my 3 minor children each and every year even though she

Is residential parent. She has claimed them every year. My question is even though I owe back support is she legally allowed to claim them or shall I claim them and her receive my return? Is she in contempt? The IRS audited me for claiming my children. Is there a statue for this and what is it?

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1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
  • Tax Law Lawyer
  • Englewood, CO

A: If you're not current on support she can claim them. The IRS rules and your domestic orders will not be the same.

If you come current and she still refuses to sign the proper documents to allow you to claim the dependents. Your relief is to file a contempt action in domestic court.

The IRS defines the custodial parent as whichever one is caring for the child more than 50% and is not bound by state court orders.

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