Q: Our divorce papers state I claim one child and he claims the other. For 9 years now we have stuck to the plan- he now claimed both. How does he get away with this?
A: David's Answer: No. You should immediately write him a letter requesting that he immediately amend his return. The IRS will likely red-flag both returns for an audit - you will ultimately be relieved of any penalty so long as the divorce decree is as you say it is. If he doesn't amend his return, you can file an application with the court for sanctions and/or counsel fees due to his breach of the agreement. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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