Split custody and taxes

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

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Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
(919) 321.0780


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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.