Legal Question in Tax Law in New York

my divorce paper states that i get to list two of my three children as dependants in even years and one in odd years, and she does the sam in odd years. last yaer she claimed all three children without me knowing and i claimed one. I have been audited for this and now owe over $3000.00 due to her not signing a required form. an i sue here to pay me back for the one depentant she took from me?


Asked on 1/04/13, 9:35 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

This is up to your matrimonial attorney, but easily remedied by having your "x" sign the required form and submit it with an amended return to get a refund of the overpaid taxes. Only if she refuses to sign the form should you sue her.

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Answered on 1/05/13, 8:52 pm


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