Legal Question in Family Law in Indiana
Dependency Exemption
I am in arrearment $3,100 and I pay extra each week. My ex-wife claimed both of our children last year making my tax return $900.00 less than what it would have been if I claimed 1 child. Our agreement states that she has between January 1 and January 15 to execute IRS Form No. 8332 (release of claim to exemption). She did not do this. Did she have the right to claim both children without this proper documentation and should that $900.00 go towards my arrearment? If she hasn't presented me with those documents this year, what do I do?
1 Answer from Attorneys
Re: Dependency Exemption
If your divorce decree allows each of you to claim a child as an exemption, then you may need to to go back to court to make it aware of what has happened and the result. The court will take the appropriate action. If your former spouse did not execute the propoer IRS from, that may cause a problem for her with the IRS. They may disallow it if their attention is directed to this issue. Otherwise, I would suggest that you comply with the court order to the letter until the court states otherwise.
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