Question asked on Jan 24th, 2017

Q: We got divorced in 2009 but we got back together again so I let her claim 2 of children but now that I got married id like us to follow what was written on our divorce decree but she would not cooperate. she hurriedly filed her taxes this year after I told her that I would be claiming two of our children this year as she has been doing so for many years. what steps should I take before I file my taxes?

A: You should document your claim in writing to memorialize that you told her that you intended to claim the exemptions according to the decree, and that she is in violation of the court order.  You could try to make a deal with her — and memorialize that in writing too — to take the exemptions for the next two years in compensation.  If you both claim the kids, one of you, or the other, or both, may be audited.  If you can’t reach agreement, you could file a motion to either get the exemptions going forward, or seeking money compensation for the value of the exemptions wrongfully taken from you.

Marshal S. Willick
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