Mesa, AZ asked in Family Law, Child Support and Tax Law for Arizona

Q: What action is needed when other parent claimed children on taxes but order says if not paid in full then I can?

I even got certified copy of payments dispersed from the courthouse and let him know that I wanted to claim all 3 children since he was not current for 2022. He never responded and then went and filed and claimed 2 children anyways. 2 of the children live with me and 1 child lives with him.

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

A: You should file a Petition to Enforce and ask the Court to order him to amend his taxes for those years within thirty days of the Court's order. The Court will likely schedule a conference and evidentiary hearing. At that time, you should bring with you whatever forms you need him to sign in order to claim your children on your amended return and ask the judge to direct him to sign the forms in open court.

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