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tax/child support question

my divorce papers clearly state that my ex can not claim my kids unless he is current on all child support.he is behind 1228.00.last year i had to sign a paper to allow him to claim them he was suposed to share the refund but didnt.He asked me to let him claim them this year and i said no.He did anyway.I called the IRS and they told me to file mine anyway so i did.
My quwstion is ...can i get him for contempt of court? and what will happen with the irs?

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Asked by lotakids5 at 9:16 PM on Feb. 3, 2009 in Money & Work

Level 1 (0 Credits)
Answers (5)
  • The IRS will audit HIM and make him refile (I forget the technical name for it) and if he is getting any money back they will most likely send it to you anyways since he is behind. Not sure about contemp of court though.

    Answer by LovinEveryDay at 9:22 PM on Feb. 3, 2009

  • you nd to contact the court because he isnt following the court order, and if you were going to let him claim the child/ren, you would need to sign a paper anyways. We wanted to claim my SO's son and my moms boss said there is a paper his mother needs to sign because she is the custodial parent.

    Answer by LuvsDanika at 9:27 PM on Feb. 3, 2009

  • You need to go to family court and file a contempt of court on that first off:Irs contempt and for anything else.
    Second go file to ammend the current order since it is not being followed,(example):where you could get more cusotdy or give him less visitation and so on.
    Than file this proof to the IRS as they will not do much since they feel unless you show otherwise it is a domestic issue versus a legal issue.
    If the courts do nothing since you must show he did this make sure to get proof to bring to court such as tax returns and than they will ask to review his.
    Either way he will be facing many possible charges,fines..
    Good luck!

    Answer by Baby1114 at 9:45 PM on Feb. 3, 2009

  • I am going through the same thing. I called the IRS and the lady told me to file and they will audit him later on in the year. He knows he wasn't allowed to claim him, but he "needed the money to buy a car" Funny, he has no drivers license. Not sure about all the court stuff though.

    Answer by MBsMom2004 at 11:14 PM on Feb. 3, 2009

  • The lady I talked to from the IRS said i should get a paper from them stateing who what and where.I think I need that for court so I am waiting for that paper.
    Mine needed the money because he didnt want to pay into The IRS.With the kids he got a refund .But in the past he has never claimed his unemployment he gets in the winter.He waits all year and lets them take it out of the next years refund.So i wonder if that will hurt him too.

    Answer by lotakids5 at 9:56 AM on Feb. 4, 2009

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