Legal Question in Family Law in Texas

My ex wife and I have 2 children. We agreed that when we file our tax returns, that we would get one child a piece. Unfortunately we been agruing and now she wants both kids. I already filed and now she has sent the IRS fraud documentation and our divorce decree. Could I get in trouble for this and what can I do. I'm tried of fighting with her and I just want to be treated fairly.


Asked on 2/25/15, 4:42 pm

2 Answers from Attorneys

TC Langford Langford Law Office

You don't mention if the decree addresses the dependents. A court order that is violated will be the subject of an enforcement action in family court. On the other hand, in a separate discussion, IRS regulations rule with the IRS - and it becomes a question of who provided 51% of a child's support. Not surprisingly, it is a far more complex and difficult issue, that requires analysis of the records and the research - you might want to retain an attorney with expertise in your count.

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Answered on 2/25/15, 5:33 pm
Michelle Scopellite Goldstein & Scopellite, PC

If your ex-wife sent fraud documentation to the IRS, you will more than likely be contacted by the IRS. I would suggest that you hire a qualified family law attorney who can speak to the IRS on your behalf - before they call.

I would also HIGHLY suggest that you retain an experienced family law attorney, with custody experience, who can file to modify your current orders, on your behalf and on behalf of your relationship with your children, if modification is warranted, as if the two of you are fighting, it can't be in the best interest of your children.

- If you need legal assistance, our firm's information should post after my answer.

Goldstein & Scopellite, PC has qualified family law attorneys, custody lawyers and father's rights' attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com

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Answered on 2/26/15, 2:15 am


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