Q: My ex wife filed our kids on her taxes. There is a court order stating we each file a child. What can I do?
A: Whether or not she filed her tax return incorrectly is of no concern to you. If the court order allows each of you to claim one of the two (presumably) children, you file your return according to that court order.
A: You need to return to the court that issued the order and file a motion for enforcement and contempt. The remedy will either be to file an amended tax return for the current year or allow you to claim both children the following year. If you just file your return claiming a child that has already been claimed the IRS will reject your return. Speak with a local family lawyer for more specific advice.
A:
I understand this is a frustrating situation. Here are some steps you can take to address your ex-wife filing your children on her taxes in violation of the court order:
1. Contact your ex-wife: Try to resolve the issue amicably by reminding her of the court order and requesting that she amend her tax return. Keep records of your communications.
2. File your tax return: File your tax return claiming the child you are entitled to as per the court order. The IRS will likely notice the discrepancy and send notices to both you and your ex-wife.
3. Respond to IRS notices: If you receive a notice from the IRS, respond promptly and provide a copy of the court order that specifies which parent may claim each child.
4. File Form 8958: If you are unable to resolve the issue with your ex-wife, file Form 8958 (Allocation of Tax Amounts Between Certain Individuals in Community Property States) with your tax return. This form is used to notify the IRS of the allocation of tax amounts between you and your ex-wife.
5. Consider legal action: If your ex-wife continues to violate the court order, you may need to go back to court to enforce the order. Consult with a family law attorney to discuss your options, such as filing a motion for contempt of court.
6. Document everything: Keep detailed records of all communications, court orders, and tax filings related to this issue.
Remember, the IRS has specific rules for claiming children on taxes, and the court order should align with these rules. If needed, consult with a tax professional or family law attorney to help guide you through the process and protect your rights.
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