Need Help

[NWMom]

Hi Soc,

I am currently fighting for custody, but for many reasons the court dates are pushed out to next spring.

What I need help with in the mean time is getting my ex to sign the court ordered tax exemption form for the IRS.  I was audited and lost
this year because the tax form was not signed to allow me the children for my exemptions.  Even though I have a court order stating so!  I was told by the IRS that they IRS will not go by family court  but by who has the physical custody of the children.

So I can't seem to get any help here and before tax season comes along
again I thought I would try sending my ex a letter.

Could you possibly help me out with this?  I want him to sign it or be aware that he would be in contempt of court!

The court order states that the mother will take the children for exemptions EVERY year.

[socrateaser]

You must post the EXACT text of the orders granting you the exemptions, or I can't help.

[NWMom]

I fetched the child of 5 for you!  =)  Very funny Soc...

The order reads exactly as follows:

3.17 INCOME TAX EXEMPTIONS.  Tax exemptions for the children shall be allocated as follows:  Mother shall claim all three of the children as deductions each and every year.

The Parents shall sign the federal income tax dependency exemption waiver.


____________________________________________

That is it, but the IRS doesn't like it unless that form is signed and he refuses.  When this order came through he was out of state again and was not present to sign.

[socrateaser]

Dear Ex,

The IRS has refused to accept my filings for the child dependent exemptions without your signature on IRS Form 8332. As our court orders specifically order you to sign this form, I am including a copy of the form for your signature.

If you do not return the signed form by ??/??/?? (10 days), I will be forced to seek a contempt order against you, in order to obtain your specific performance, and for attorney fees and costs of suit.

I do not want to cost you any unnecessary time or money, nor do I wish this to become any more of an issue than it has already become, but unless you either sign and return the form by the date requested, or provide me with some legal statute or precedent that demonstrates that I am not entitled to the exemptions, then you will leave me with no alternative other than to seek the court's assistance.

Sincerely,

THEEX

[NWMom]

Thanks Soc you are the Best.  Even on vacation you help us here!