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Taxes - I don't want to have to take my ex-wife to court for contempt

This is a discussion on Taxes - I don't want to have to take my ex-wife to court for contempt within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Me and my ex-wife agreed in our divorce to claim the kids every other year on our taxes. She let ...

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Old Jan 24th, 2012, 01:36 PM   #1
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Confused Taxes - I don't want to have to take my ex-wife to court for contempt

Me and my ex-wife agreed in our divorce to claim the kids every other year on our taxes. She let me claim them one year, and I split the return with her. Now the past three years she has went around me and our divorce and claimed them. I want to claim them this year but according to the divorce its technically her year to have them. Will I get in trouble if I claim them anyway? I don't want to have to take her to court for contempt or any of that, I just want to claim my kids so I can maybe not have to pay in this year.
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Old Jan 24th, 2012, 02:09 PM   #2
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Default re: Taxes - I don't want to have to take my ex-wife to court for contempt

I wish to inform you that you may claim kids on taxes if kids if they satisfy six tests mainly age, relationship, support, dependent, citizenship, and residence. IRS is concerned with its six tests. In this the court order may play a part if mother is objecting to your claim. If mother agrees with you and does not claim child then you will be able to satisfy the tests and have children on your taxes. Court will take contempt action if your spouse goes to court for violation of its order. You may also go to court and have court order in your favor keeping in view the fact that in past three years mother has claimed children so for this year you should be allowed relief.

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Old Jan 24th, 2012, 03:35 PM   #3
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Default re: Taxes - I don't want to have to take my ex-wife to court for contempt

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I wish to inform you that you may claim kids on taxes if kids if they satisfy six tests mainly age, relationship, support, dependent, citizenship, and residence. IRS is concerned with its six tests.
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What exactly are the six tests or where I can find them?
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Old Jan 24th, 2012, 05:54 PM   #4
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Default Re: Taxes - I don't want to have to take my ex-wife to court for contempt

If your court order says its her year she can file contempt, as well as if you don't meet IRS guidelines to claim them you'll be in a world of hurt.

What is the point of swapping years if you split the refund?
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Old Jan 25th, 2012, 12:18 PM   #5
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Default Re: Taxes - I don't want to have to take my ex-wife to court for contempt

Even though she claimed them on my years? She went behind my back and filed before I could. I didn't take her for contempt, but won't the court look at that if she tries to take me? We split it so that way we at least both get something back every year. She hasn't given me anything for the last 3 years though. Cause on the year I claimed them she gets little to nothing back and on the year she claims them I end up having to pay in. I tried to get her to agree to we each claim one every year but she wouldn't. I don't know what I should do.
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