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Home > Law > Family Law   »   Divorce Decree (taxes)

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Old Jun 23, 2009, 11:25 AM
nhparent
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Divorce Decree (taxes)

My ex-wife said that she planned on claiming my older daughter this coming year (2009). I have a Divorce Decree stating that I can claim my daughter until she is 18 years old. I have been claiming her now for 7 years. I have always recieved the tax incentives throught the last 7 years. Can she just up and claim her? I have the degree stating I can claim her. Also if she tried to claim her, would she be in violation of the law?

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Old Jun 23, 2009, 12:09 PM   #2  
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It is my understanding that the divorce decree over rides tax laws, so she would be in violation of a court order and have to repay the taxes. I'm not a lawyer, I have just been dealing with this type of stuff in my own life for the last 15 years. I would suggest going to the IRS's websight for more validation.

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stevetcg agrees: Might not be a lawyer, but you are dead on. She cannot just violate the order. She might be found in contempt of court if she tries. File as normal and let the IRS deal with her.
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