My ex and I fight a lot, he doesn't get the kids when he should, but he now wants to claim one on taxes, but he was behind on support, can he get me for contempt of court if I already filed and claimed them both?
2007-01-29 14:32:39 · 10 answers · asked by sf43812 1 in Family & Relationships ➔ Marriage & Divorce
In order to be "in contempt of court" there has to be a court order that you violated. So - if the court has ordered that he gets one deduction and you took both deductions - yes you are in contempt. If there is no court order about deductions - you cannot be in contempt of court. However, you should make sure that under the tax laws you had the right to claim them.
Good luck.
2007-01-29 14:59:05 · answer #1 · answered by CV 3 · 0⤊ 0⤋
If you've already filed, that document is dated. Wouldn't HE be the one contempting court?
The parent with whom the children live has the right to claim them. If you're not working (or not earning much), you'll be needing that Earned Income Credit, which is a little more for two than one child, to pay for family needs. The Earned Income Credit can prove to be very helpful, financially, if dad hasn't been contributing monetarily (which I wonder about, as he doesn't visit/take his kids when he should and you two are fighting). Don't let yourself be intimidated. I hear the complaints men have made over their ex's "having it easy" . . . I know better and I know many men have little clue what's involved in childrearing. They're SINGLE again, we aren't, we have appendages called "kids." I've actually been told, "boy, I wish I could get pregnant and go on welfare." As if that were simple, easy, adequate,trouble-free and desirable. It's ridden with negativity, difficulties and anti-social stigma.
2007-01-29 23:03:00 · answer #2 · answered by Zeera 7 · 0⤊ 0⤋
FRom what I understand about all this tax business is this, 1. this should have been sorted out in the divorce papers, a good lawyer should have brought the subject up.... 2. claiming on tax refund is *realy* for the father 3. EIC is for the mother, or at least that was what it was meant for.... but, sense it was NOT brought up in papers it seems that who ever claims them first has the right of way.... and if father was behind on support it should be ok, but I would check with your tax preparer about all this..... God bless
2007-01-29 22:39:38 · answer #3 · answered by Annie 7 · 0⤊ 0⤋
It depends on a lot of things, like which state you are in, the details of your divorce settlement, who does the better job of record keeping. If you don't know the answer, you really need to be talking to a lawyer, rather than asking for legal advice from perfect strangers on this forum.
My guess is you have nothing to fear from the court. If you do have a problem, it will more likely be with the IRS.
2007-01-29 22:59:00 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Well, sometimes its in the cusody/divorce papers...
Normally, the custodial parent, the parent who has the children, 6 months or more out of the year, gets to claim the children on there taxes. So, not unless he was supposed to get to claim them you will not be in any trouble at all.
These men, I understand they dont wanna pay support, but they think they are owed everything, My ex husbands wife, tried to claim our daughter years ago...We just laugh at her..she dont and has never lifted a finger for our daughter..In fact she is so jealous of her, its not funny...to this day!!!
If he is behind on support dont worry about it...
Check out your papers see what they say...
I know its hard but try to get along in front of the kids for there sake...
Sounds like a dead beat dad...
I know what those are like...
2007-01-29 22:46:02 · answer #5 · answered by ~Annette~ 5 · 1⤊ 0⤋
My ex tried to do the same thing and I say Hell NO! When he actually takes the kids more than half the time and pays full child support we can discuss it. Until then, that is our one little break and help we get during the year. We deserve it after all we do!
2007-01-29 22:41:53 · answer #6 · answered by cinnamon1083 1 · 1⤊ 0⤋
Yes, you must follow the orders in the final decree. You should bring it to the attention of the proper people if he does not pick the children up when he is supposed to, and is behind on his CS. Two wrongs don't make a right.
2007-01-29 22:38:24 · answer #7 · answered by ? 5 · 1⤊ 0⤋
i Guss you won you filed first. good for you
2007-01-29 22:40:44 · answer #8 · answered by freeman3905@sbcglobal.net 6 · 1⤊ 1⤋
ask your accountant
2007-01-29 22:36:54 · answer #9 · answered by mother of 7! 3 · 1⤊ 0⤋
who has custody??
2007-01-29 22:39:32 · answer #10 · answered by gabby 5 · 1⤊ 0⤋