Tax Issues- child exemptions


#1

If the order permitted him to claim the exemption you can sue him for breach of contract, does the contract have a provision requiring the party in breach to pay attorney’s fees to the other party?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#2

The tax statement is in a generic seperation agreement his ex obtained from the library and they filled it out. When the divorce was final, the seperation agreement was incorporated into the divorce decree. All the statement says is “15. Tax Matters. It is the intention of the parties that the husband shall be entitled to the dependency expemtion for the federal and state income tax purposes so long as the provision for child support arte complied with completely. The wife shall make or execute any election statement or other document requested to give effect to this covenant.” There isn’t anything about who would pay attorney fees or anything else.


#3

Since the Separation Agreement was incorporated into a divorce decree it is now a court order. You may file a motion and order to show cause and ask the court to order her to provide the required forms for all the relevant tax years.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

Good evening. I have a question about tax issues. My husband has a child from a previous marriage and when they divorced, they use the seperation agreement from the library. In those paper there is a statement about tax matters. It states in them that it is the intention of the parties that the husband shall be entitled to the dependency exemption for the federal and state income tax purposes so long as the provision for child support are complied with completely. The wife shall make or execute any election statement or other document requested to give the effect of this covenant. well back in2001 she signed the form 8332 ( i think that is the one) allowing us to clain the child. When they filed their taxes and didn’t have any dependents it ended up costing them, so they were going to take us to court on the basis that we lied to her about what the paper was about. We told her lawyer she read the paper and signed it. Well, this went on for a month or so, them stating that they would have the cs incresed to show an exemption for the dependency on his taxes. We finally told them we would see them in court, it was all dropped and then next year, her husband called and told my husband that being we couldn’t afford a lawyer, they were claiming the child and there was nothing we could do about it. True, we couldn’t, I was in nursing school. Well, now I spoke to a lawyer a few months back while i was visiting him with my sister for her case and explained everything and he stated that we could claim the child and should have been doing so all along. So this past tax season, we claimed her. We have gotten a paper from the IRS asking to prove we can claim her as a dependent being someone else has claimed her as well. My question is this, based on the paper the IRS sent, the only thing that may be in the way is there is a statement about the noncustodial parent can claim the child so long as there aren’t any provisions in the order. So do we have to amend our taxes? Or should we contact the ex and have her sign another form (We have the first one she signed for the tax yr 2001 and she also signed in the line for future years, just didn’t specify). And if we can claim the child and the ex refuses to sign, do we need to hire a lawyer and take it to court. BTW, on his cs guidelines, he pays 61.87% of her suggested support, plus the child has clothing and stuff at our house as if she lives here permentantly. Thanks for any advice.

Cassie