ADDITIONAL INFORMATION:

I have sole legal and primary physical custody of my daughter, her dad lives in another state. Our court order says I have the exclusive rights to file her as a dependent on my taxes, and file for her dividend every year. He knew about the court order and still claimed her on his taxes and filed for her PFD. How do I enforce the court order?

ATTORNEY ANSWER BY MARGARET L. CROSS:

You are no longer linked to your ex-husband’s tax filing because you are no longer signing off of its veracity. If he reported deductions incorrectly, he alone will suffer the repercussions. Report your deductions on your own tax return.  If he has already claimed the deduction, the IRS will disallow your claim and at that point, you can provide proof that you are the custodial parent.  The IRS will then disallow your ex-husband’s deduction and allow yours.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The tax attorneys at the Beliveau Law Group provides legal services for taxation. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.