I’m a custodial parent and have a joint agreement with non-custodial parent of 1 child. We were ordered to alternate years when we claim dependent for taxes. For 5 years now, I have been claiming dependent, without letting the noncustodial parent claim, since the IRS recognizes me as the custodial parent. Since the dependent is with me year round, the IRS overrules the judges order and grant me the ability to claim dependent on a Federal level. Can I still be held in contempt by the judge, even though I have been claiming the dependent under the IRS tax law?
The information provided is for general information and does not form an attorney-client relationship. See our .Bill HenryFounding Partner | 18 years of experience
Bill HenryFounding Partner 18 years of experience
Federal tax rules allowing you to claim your child as a dependent are independent from your obligations pursuant to a court order. The IRS does not overrule the court order and the mere fact that you could claim your child on your tax return does not mean you cannot be held in contempt. I would recommend you speak with an attorney on the matter. If you would like to schedule a free case assessment with one of our attorneys you can schedule an assessment online 24/7 by going to go.oncehub.com/rhbooknow or calling us at 303-688-0944.
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