luewho
recently joined
Reged: 01/19/08
Posts: 6
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Last year was the first year I filed single and claimed my son since my ex and I had agreed,at least verbally, to claim every other year, I evens and he odds. Well, I had thought that I had put a clause into the divorce papers that if he was behind on childsupport(he is)That he waived his right to claim the our son on his years.Well, he's agrueing that and plans on claiming him this year.I found copies of my divorce papers and I don't see anything about that clause I could have sworen I wrote in. The girls at work told me that it didn't matter about the clause because the state of WI already has a law stating that if the non- primary parent is behind, I automatically get to claim the child. Is this true? I need to know so I can get started with my '07 taxes and need to know I'll be ok with the law and that my ex can't try to sue me over this like he is claiming he is going to do.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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Quote:
Last year was the first year I filed single and claimed my son since my ex and I had agreed,at least verbally, to claim every other year, I evens and he odds. Well, I had thought that I had put a clause into the divorce papers that if he was behind on childsupport(he is)That he waived his right to claim the our son on his years.Well, he's agrueing that and plans on claiming him this year.I found copies of my divorce papers and I don't see anything about that clause I could have sworen I wrote in. The girls at work told me that it didn't matter about the clause because the state of WI already has a law stating that if the non- primary parent is behind, I automatically get to claim the child. Is this true? I need to know so I can get started with my '07 taxes and need to know I'll be ok with the law and that my ex can't try to sue me over this like he is claiming he is going to do.
Does the court order even address the tax exemption? If not, then you get it. If so, then he gets it unless the court order says he has to be current with child support.
And since it doesn't, he gets it. BUT you can check with the agency that collects your child support about intercepting any tax refund he gets to pay off the arrears.
And I would also file contempt of court charges to compel him to pay the arrears, get it in the order for child support to be current in order for him to claim the exemption, AND to have it automatically garnished from his wages.
Be sure to ask that he pays your legal fees since it was his actions that led to the court action.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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A state doesn't determine who gets to claim a child. You need to look at the IRS guidelines regarding who can claim a child. Federal law is what applies. www.irs.gov.
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Eternity is too long to be wrong.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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Quote:
A state doesn't determine who gets to claim a child. You need to look at the IRS guidelines regarding who can claim a child. Federal law is what applies. www.irs.gov.
While the above is true, the state can convict on contempt of court charges if the state court order isn't followed.
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