Taxes and Child Custody: What to Do if Your Ex is Going to Claim Your Child on Taxes Against Court Orders

In my divorce decree and parenting plan for my children, the court ordered that I would get the tax exemption for my children each year.  My ex-wife is telling me that she is going to file before me and claim the children and head of household to get a bigger tax return.  What do I do?

When it comes to claiming children on taxes, any court order signed by a judge will overrule IRS tax codes.  IRS tax codes come into play if there is no court order regarding who claims the child on their taxes, or if the verbiage on the court order is unclear as to who gets the tax deduction.  Section 152 of IRS tax code covers how the tax exemption claim is determined if no court order is already in place for the parents to follow and abide by.

When claiming a child on your taxes, it is highly recommended that the other parent that is NOT claiming the child sign an 8332 IRS Form, which is the “Release of Claim to Exemption for Child of Divorced or Separated Parents.”  This is not required, but definitely makes it a little easier and lets the other parent know that they are giving up their rights to claim the child on their own taxes.

If you ex-wife ends up claiming the children on her taxes and you get a letter back from the IRS stating that you cannot claim your child because that Social Security number has already been claimed by someone else, then you could take a copy of that letter and file a motion through the courts for an order to show cause regarding contempt of court.  Your ex will then have to show cause as to why she violated the court order, and you will more than likely be compensated for what you lost out on from the claim and may even be compensated for the court costs and legal fees you incurred in order to bring the order to the courts.

For more questions and answers regarding taxes and child custody, click here!

Chicago-based Father Fights for Custody from Non-Related Couple

Earlzell Orr, the father of an 11-year-old boy in Chicago, Illinois, is headed to court today to fight for custody from a non-related couple that gained temporary, emergency custody after the death of his mother. 

Orr is fighting to get custody of his son since the court has not yet granted temporary or permanent possession of the child, but yet they have access to the mother's bank accounts which is where the child support payments have been deposited.  One of the adults given emergency custody is also a convicted felon, and attorneys specializing in fathers' rights are petitioning for custody on behalf of Orr.

Our thoughts are with Orr as he fights for what he rightfully deserves--his son!

For more information regarding this court date, see the full press release here.

Divorce Court 101: How to Avoid Becoming a By-Stander in Your Own Legal Case

Many times, fathers feel like whatever the judge says, goes. This is not the case. In fact, too many fathers become by-standers in their own divorce case. And here's why.

First off, you need to full understand how family law works. By being familiar with how the courtroom works and sitting in on some family law hearings, you will only then begin to truly understand the court system and how judges react to divorce cases. This can be especially helpful if you sit in on family law hearings being overseen by the same judge that is handling your divorce case. This way, you have a little insight as to how the judge operates, and can use these observations in your favor while in court with your ex-wife.

Second, remember that no matter what the judge decides, it's not the final say by any means. In fact, when you're dealing with the court system, you need to remember that it's all about pushing the paperwork--and that means appealing any decision the judge has made that does not lie in your favor. In essence, you're creating what I like to call a "Paper Blizzard." This is when you basically file paperwork for every little thing, which in turn creates more paperwork for your ex-wife and her attorney, which can increase the financial--and emotional--stress and costs on the opposing side. This can sometimes help you level the playing field with your ex, and make her understand that you won't be backing down anytime soon. This can help increase the chances that a settlement will be agreed upon, or that negotiation will help resolve most of the issues that are being dragged into the courtroom.

By pushing the paperwork and showing the judge and opposing counsel that you are going to be persistent in pursuing the results that you want from the courts, you will help assist your father's rights case and help push it in the direction of continued potential and success.

Are you looking to fight for your fathers' rights in court?  Get a free case analysis by Dennis Gac at http://www.fathershelphotline.com and help get yourself on track for a successful fathers' rights case!

One Father Speaks Out About His Struggles With The Courtroom and Fathers' Rights

Rodney Gehly wrote the "Father's Rights Song" that was recently posted on YouTube for all to enjoy.  It talks about the struggles with what's really, truly right and in the best interest of the children, and speaks from the heart.

I wrote this song awhile back when I was in the middle of a divorce. I feel very fortunate that I have joint custody of my two sons. I was amazed at the blatant, open discrimination that fathers face in our so-called "justice" system. Every divorced father that I speak with seems to have a horror story to tell regarding their financial and custody arrangement handed down by a judge.

What's even more amazing is that this corrupt system continues every day here in America. Women are very hype to how this system works and file for a "protective order" or "restraining order" merely as a tactic to gain custody of the children...which also by default will gain her the home and child support. A woman can commit adultery and still be awarded everything in court. As long as judges keep rewarding the bad behavior of some women...the more this manipulation will continue.

"No Fault" divorce is not working and a very big part of the problem. What would happen if we took this concept of "No Fault" into the business world?  You could simply choose not to honor any contracts signed. The business world would fall apart overnight. Guess what?..that's what has happened in the "marriage" world and it has fallen apart. Our court system is basically a cash cow for low life attorneys, biased judges, and bad women.  

I want to state that I appreciate the many good women that love God and their families. And I hope you enjoy the song...it's meant to encourage fathers to not give up.

This song is for every man out there that feels as though they have hit rock bottom in the courtrooms, that feel as though the system is not on their side, and who are looking for that light at the end of the tunnel.  Enjoy!