Legal Question in Family Law in Georgia

If in my divorce papers it states that every other year I get to claim my child on my Income Tax but for the last 6 yrs. my childs mother claimed him before I could, can I sue her for the difference it would have made on my income tax


Asked on 7/28/10, 4:06 pm

2 Answers from Attorneys

Donald Cobb Donald L. Cobb, Attorney at Law

Probably not much luck in a law suit. Follow the decree and claim the child every other year. If she claims the child, you will be able to show IRS your decree.They will decide who gets income tax credit for the child.

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Answered on 8/02/10, 4:20 pm
Paula McGill Attorney at Law

You can file a petition for contempt regarding her failure to comply with the divorce decree. In the contempt petition you can sue her for compensation. Family court may give you all or a portion of what you are asking for in the petition.

You should check with the attorney who represented you in the divorce.

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Answered on 8/02/10, 5:22 pm


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