Legal Question in Family Law in Minnesota
claiming dependents on axes
We as the parents came to an agreement on court papers that he was to claim one for taxes and I was to claim one but last year he claimed both children. He said he could because he did have more custody at the time. Is this leagal?
2 Answers from Attorneys
Re: claiming dependents on axes
You may have a claim aginst the other parent for the difference between the amount you would have paid had you had the dependency exemption and the amount you you paid as a result of the the other parent wrongfully claiming the dependency exemption. Please feel free to contact my office to arrange a consultation as to the appropriate method to obtain relief in your situation.
Re: claiming dependents on axes
The IRS has different rules than state courts. However, The IRS memos indicates they will follow court orders that indicate who claims the children. If you claim them as well and provide the IRS the order, they may allow you the claim. The state court order can also be enforced by filing a motion seeking an amended filing or compensation.
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