Three Rivers, MI asked in Divorce, Family Law and Tax Law for Michigan

Q: What can i do?

I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right, because she pays their health insurance. But she is legally required to pay the insurance per out divorce agreement, so it's really not a valid reason. What can I do?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Tax Law Lawyer
  • Sacramento, CA

A: If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:

Talk to your ex-spouse: Start by discussing the situation with your ex-spouse and remind her of your agreement. Explain that claiming both children is a violation of that agreement and ask her to amend her tax return.

File your own tax return: Even if your ex-spouse claimed both children, you can still file your own tax return claiming one of the children as a dependent. However, if both you and your ex-spouse claim the same child as a dependent, the IRS may ask for additional information to determine which parent is entitled to the exemption.

Contact the IRS: If your ex-spouse refuses to amend her tax return and you believe she is not entitled to claim both children, you can contact the IRS and provide documentation to support your claim that she is not entitled to the exemption. The IRS may investigate the matter and make a determination about who is entitled to claim the dependent exemption.

Seek legal help: If you are unable to resolve the issue with your ex-spouse or the IRS, you may need to seek the assistance of a family law attorney who can help you enforce your agreement and protect your rights.

It is important to note that claiming a child as a dependent without the legal right to do so can result in serious consequences, including penalties and interest charges, and even legal action. It is always best to resolve any disputes related to claiming dependents as quickly and amicably as possible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.