@CWR17 wrote:
Situation: Father and mother have 50/50 custody. Mother does not work (disability benefits), father works full time. Father pays full child support- the fact he can claim child on taxes is factored in to child support. Father tends to have child more nights in a year than mother. Both parents are remarried. Her husband recently retired. Father’s wife works full time. Mother wants to claim child on taxes every other year. Mother wants half of child stimulus (maybe not correct term). Mother has hired a lawyer and taken father to court to get this accomplished. Court ruled mother gets half of $1400 child credit and must be paid in 10 days. Court also ruled mother can “claim” child every other year starting next year. According to previous research, father is custodial parent and cannot be forced to pay the mother more money than he already gives her. Father is trying to avoid hiring counsel. Extensive research (wife is also VITA certified directly because of this) has been done. Any other advice is greatly appreciated. Father is afraid of being held in contempt if he follows tax law guidelines vs. court order. Thank you!
Sorry, but this is a legal question, not a tax question, and we cannot comment on legal questions- ask your attorney.
The IRS does not get involved in legal disputes. The IRS will award the dependent and benefits to the parent that the child lived with the longer part of the year unless that parent releases the dependent with a 8332 form, but a court can find the parent in contempt if they refuse to issue the 8332 required by a court order.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
