do you have the IRS form that has been signed off from her? If not, and the child spent more than 50% of the time w/ the ex-wife then she will probably be able to claim the child and the IRS will just go that route.
I know the form you’re referring to, and it has not been signed. The form refers to non-custodial parent. As I understand it, neither is a non-custodial parent; therefore, we didn’t think we could use that. It’s very unfortunate that a court order means nothing.
The IRS will not enforce your court order, but the courts will. If she will not refile her taxes you will need to file a motion and order to show cause in state court and ask the court with your assistance in enforcing the court order.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
my husband and his ex-wife have a custody order that says he claims their daughter in odd years and she claims her in even years. Without my husband’s consent, the ex-wife claimed their daughter on her 2007 taxes. When he went to H&R Block to file electronically, they told him they couldn’t file, that his return was kicked back. If he files his taxes via mail and includes a copy of the custody order, will the IRS accept his return and allow him to claim his daughter on his 2007 taxes? A note: his daughter spent more than 50% of her time with the ex-wife this past year.