Question: My ex is suppose to allow me to claim my children on my taxes for odd numbered years per our divorce decree. But the last time I did, the IRS told me I could not saying I had to have her sign Form 8332, which she refuses.
If I was to take her to court over this, what are my chances of getting her to sign it?
First, let me state that I am not licensed in Oklahoma, so I am unable to provide any specific legal advise regarding your question. You will need to speak to an attorney licensed in Oklahoma to get specific advise regarding your question.
Claiming children on tax returns is always a tricky issue because the IRS guidelines defines who may claim children as dependents. Courts and the parties may agree to allow another party to claim the child as a dependent on their tax returns, which is the situation you are in. If the Agreement or the Order of the Court provides that you are allowed to claim the children on your tax returns, then your ex-wife may be in contempt of court. The Court has the power to enforce its own orders , so if you believe that she is violating the Order, you will need to bring that to the Court’s attention.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.