Legal Question in Family Law in Florida

Divorce decree states non-custodial parent claims child if current on child support, he is. Custodial parent claimed child and refused to submit form for non-custodial parent to claim...what happens now?

Asked on 2/17/11, 1:40 pm

2 Answers from Attorneys

Tracy Newmark The Newmark Law Firm, PA

File a motion and/or both claim the child and have the IRS get involved.

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Answered on 2/17/11, 1:42 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

As long as the Final Judgment (or Mediation/Marital Settlement Agreement) states as represented, I suggest sending the custodial parent a short and sweet letter (now be polite) advising him/her to reimburse/pay you the benefit you missed out on because of his/her claiming the child. Run your taxes showing the amount of the refund you lost out on. Specify the amount, and advise the other party that they have 30 days to pay, and if they don't, you will retain counsel. Send it either by email, or certified return receipt mail.

How much money are we talking about?

If the suggested actions do not amicably resolve the matter, then contact an attorney. Reimbursement of your attorney fees and costs should be pursued.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 2/17/11, 2:04 pm

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