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    ineedadvicenow1's Avatar
    ineedadvicenow1 Posts: 2, Reputation: 1
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    #1

    Apr 4, 2009, 06:42 AM
    Divorce decree or Form 8332-which will apply in court?
    I was divorced in 2001 and the divorce decree states that my ex gets to claim our son on his taxes and that I have to sign form 8332 every year in order for him to do that. I heard that in 2008 there was a new law re: from 8332 and that if I don't sign the form that my ex can't claim him. I have the children most of the time (he sees them every other weekend). I have ben served papers because I am in contempt of court by not signing form 8332, but I thought the new law states that the from supercedes the old divorce decree. I go to court in less than a month. My question is: what does the new law re: form 8332 really mean and did I get myself in a heck of a lot of trouble? :confused:
    Thanks!
    ineedadvicenow1
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 4, 2009, 07:08 AM

    You are correct and not, the ex can not claim the children if you don't sign the form, but the court order forces you to sign the form. Faluie to sign makes you in contempt.

    But yes, you will find that you will be in trouble with the court, they may even put you in jail till you agree to sign the form. Plus you may owe your ex the difference in what his refund would have been if he had been allowed to claim the child.

    So you should have checked on this before you refused to follow a court order.
    ineedadvicenow1's Avatar
    ineedadvicenow1 Posts: 2, Reputation: 1
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    #3

    Apr 4, 2009, 07:16 AM

    I meet with my lawyer on Monday, I imagine he will have me sign the form and then go back to court ot have the divorce decree changed

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