claiming minor child on taxes

[shadowmom]

Help--I am custodial parent of 16 year old whom I have claimed for 16 years. Court order in IL. EX took me to court for contempt because son would not get on plane to visit, he has not seen his father in over 5 years.

I asked for an increase in child support, 1st increase in over 7 years, I got $36 more a week. Out of the blue, no petition before the court, his attorney demands the tax deduction. Judge gives it to him. I was not found in contempt by the way.

IRS told me that federal law supercedes judicial law and unless I willingly sign an 8332 form, he cannot claim him on taxes. Can I be held in contempt if I do not sign this form and allow him the deduction? I pay over 51% of his keep.

Can a judge order something without a petition before him?

 

[Duranie]

First of all it is your duty to make sure your son gets on a plane. If not, then you are in contempt. If your refuse to follow your visitation order then I do not know why you filed for an increase in support.

The IRS is going to ask what the decree says, since the decree takes over. If you do not sign the appropriate form, Dad can file contemp. So if you refuse to follow a court order then you could be facing alot of trouble from the judge.

The Decree awarding Dad the decuction overrules what the IRS says, not the IRS law.