Question:
As per our divorce decree, my ex-wife and I claim our daughter as a tax credit alternating years. Last year was my year to claim our child as a dependent, but she claimed our daughter stating it was to make up for some back child support I still owed.
How do I provide proof that she received the child tax credit during my year so that I can get that amount credited to my child support arrears?
Answer:
From reading your question, it seems that your ex-wife claimed your daughter on last year’s income tax return, even though according to the divorce decree it was your year to claim her on your income tax return. It also seems that you are seeking to get credit for this applied to your child support obligation to your ex-wife.
If your ex-wife claimed your daughter on her income tax return in violation of the divorce decree, she could be found in contempt of court.
However, if you agreed to allow her to claim your daughter on her income tax return and in exchange she would give you credit towards your child support obligation, you should ask her to sign an affidavit which gives you credit in the amount that you agreed upon.
If your ex-wife is not willing to sign an affidavit, you should consult with an attorney to discuss the options available to you to enforce your rights under the divorce decree.
Cordell & Cordell has men’s divorce lawyers in 18 states.
William F. Backer is an Associate Attorney in the Arnold, Missouri office of Cordell & Cordell where he practices domestic relations exclusively. Mr. Backer is licensed in the State of Missouri. Mr. Backer received his Bachelor of Science degree in Business Administration, with emphasis in Accounting, from the University of Missouri – St. Louis. He then went on to receive his Juris Doctor from Saint Louis University School of Law in 1999.
