My Ex Spouse had her and her husband’s taxes completed privately this year. I utilized h&r block and tried to efile and got a rejected letter not even 24hrs later. My son’s ssn etc was already claimed or filed their own taxes. So i got all papers to send off for the audit and the specific court order stating that im the non-custodial parent BUT i claim my son EVERY YEAR as dependent. My believe my ex wife claimed him and ive asked for proof and she sends me a copy of a “view only” file as 1099. But also continued to say they had to amend them because she didn’t qualify for the earned income credit and had to pay in but the picture I received looked fake… I guess my question is do I file a contempt of court when I provided all necessary documents to the IRS and I’m sending them off as the paper copy or do I wait for the IRS to get back to me when the audit is over and see the decision then? She continues to lie and make stories up as we go and i dont have a lawyer but ill file a motion of contempt against her in my court case because she is VERY aware of this and has been set since 2011.. no excuses… Hopefully this makes sense… Help
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Bill HenryFounding Partner 18 years of experience
Your question is complicated and requires some follow up information in order to be properly addressed. In order for someone to be in contempt, there first has to be a court order that they are violating. Thus, if you have an order from the court that specifies that you can claim the children every year, then your ex may be in contempt. If there is no such order, you may need to get clarification from the court on that issue. The IRS has its own standards regarding who is the "custodial parent," and you will need to talk to a tax professional about those rules. If you have further questions, you can set up a free case assessment with our firm at (303) 688-0944.
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