Legal Question in Family Law in Indiana

Taxes

I claimed my son on my 2008 taxes. His mother says since she is the legal guardian that she gets to claim him and she is going to have me audited. I feel I am in the right however because I supported her and my son completely for six months of the year while I was in Iraq. Paid for the Apartment, utilities, daycare, everything. Also she was not appointed legal guardian by the courts until September 23 of 2008. She also claimed him in 2007 and I didn't receive any of that return. Is this legally acceptable in the state of Indiana? I also offered to give her money from my tax return but she refused saying she would take me to court.


Asked on 3/30/09, 4:11 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Taxes

You need a court order requiring her to sign the IRS form that will allow you to take the exemption. You should be able to get that done in a paternity case

Generally, the courts will have you laternate years.

By the way, she can't have you audited, only the IRS can do that.

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Answered on 3/30/09, 8:47 pm


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