File a paper tax return this year, claim your kids, and send along a copy of the document that gives you permission to claim them.
The IRS will go after her. 
What they will most likely do is send both of you a letter to see who can actually claim the kids - you have the documents, you win, she's fucked.
This is the correct way of dealing with her BS....
Sad part about getting the lawyers involved is that in the end it always seems to cost you more than the original problem.
I don't know what State you are from but where I am from you file a Motion to Hold (Plaintiff/Defendant) In Contempt of Court you will get your attorneys fees and costs. You said you have a Court Order giving you the right to claim the children on your federal (and perhaps State) tax return(s). You can get the judge to make your ex file an Amended 1040 by unclaiming the kids and paying your costs. That is what I would do.
I don't know what State you are from but where I am from you file a Motion to Hold (Plaintiff/Defendant) In Contempt of Court you will get your attorneys fees and costs. You said you have a Court Order giving you the right to claim the children on your federal (and perhaps State) tax return(s). You can get the judge to make your ex file an Amended 1040 by unclaiming the kids and paying your costs. That is what I would do.
Okay yeah... above is free legal advice from a "blood sucking lawyer."
File a paper tax return this year, claim your kids, and send along a copy of the document that gives you permission to claim them.
The IRS will go after her.
What they will most likely do is send both of you a letter to see who can actually claim the kids - you have the documents, you win, she's fucked.
Despite what everyone says believe me this is NOT the right way to handle this situation. The reason is the IRS will NOT get into the middle of this. Unless she has filed a Form 8332 giving you the right to claim the children and it has been filed with the IRS then you are screwed when it comes to the IRS. They will state that this is an issue whereby the person who provided more than half of the year of support (i.e. whoever has physical custody) gets to claim the minor children on their tax return. So in other words, attached a copy of your Court Order will do NOTHING. Attached a copy of a signed Form 8332 is the only thing that the IRS will rspond to.
I had similar situation. Maybe my shit story will make you feel better.
Attorney's and everyone agree to file married on tax return. 3 Kids.
Ex has no clue and files herself gets a $56 return. Because I sold a business, I jumped up to Alternative Tax Minimum as an Individual. Married filing jointly was good. The Difference between Individual and filing jointly was $12,680.00. I offered to split it in half. She said no Thank you. I wrote a check to the IRS. Nothing I could do.
Just f-ing stupid.
Okay yeah... above is free legal advice from a "blood sucking lawyer."
Despite what everyone says believe me this is NOT the right way to handle this situation. The reason is the IRS will NOT get into the middle of this. Unless she has filed a Form 8332 giving you the right to claim the children and it has been filed with the IRS then you are screwed when it comes to the IRS. They will state that this is an issue whereby the person who provided more than half of the year of support (i.e. whoever has physical custody) gets to claim the minor children on their tax return. So in other words, attached a copy of your Court Order will do NOTHING. Attached a copy of a signed Form 8332 is the only thing that the IRS will rspond to.
I'm not an expert on tax law. It seems to me like you should talk to an accountant before you talk to the divorce attorney or try to follow up with her.
If its IRS policy that she has the right to the claim and can only give it up voluntarily then I'm not sure what exactly the court order is. Is the court order an order forcing her to sign a 8332? If it is then why don't you have a 8332?
I'm also somewhat confused as to why the courts would rule giving you a deduction that the IRS might not recognize instead of just giving you a cut in alimoney.
I guess what I'm saying is the bottomline is that this appears to me like its a technical argument over exactly what your rights are. I sort of suspect the court order doesn't say quite what you think it says.
If you can, just deal with the IRS directly. I wouldn't pick another emotional court fight with her unless you absolutely had to. If you do need to get her involved, stay focused on straightening out the issue at hand and try not to get yanked into a battle of "getting even".
I'm not an expert on tax law. It seems to me like you should talk to an accountant before you talk to the divorce attorney or try to follow up with her.
If its IRS policy that she has the right to the claim and can only give it up voluntarily then I'm not sure what exactly the court order is. Is the court order an order forcing her to sign a 8332? If it is then why don't you have a 8332?
I'm also somewhat confused as to why the courts would rule giving you a deduction that the IRS might not recognize instead of just giving you a cut in alimoney.
I guess what I'm saying is the bottomline is that this appears to me like its a technical argument over exactly what your rights are. I sort of suspect the court order doesn't say quite what you think it says.
If you can, just deal with the IRS directly. I wouldn't pick another emotional court fight with her unless you absolutely had to. If you do need to get her involved, stay focused on straightening out the issue at hand and try not to get yanked into a battle of "getting even".
It is simply the difference between FEDERAL LAW (IRS Teasurey Regs) and STATE LAW (Judgment and Decree of Divorce). While it is perfectly legal according to FEDERAL LAW for the ex to claim all of the kids it would still be contemptable according to her STATE LAW.
Trust me the IRS will NOT go through this type of work. They will either disallow both claims and tell the two parties to fight it out and more than likely side with her given what I have previously said. There is teasurey regs that backs up their position.
I'm not an expert on tax law. It seems to me like you should talk to an accountant before you talk to the divorce attorney or try to follow up with her.
If its IRS policy that she has the right to the claim and can only give it up voluntarily then I'm not sure what exactly the court order is. Is the court order an order forcing her to sign a 8332? If it is then why don't you have a 8332?
I'm also somewhat confused as to why the courts would rule giving you a deduction that the IRS might not recognize instead of just giving you a cut in alimoney.
I guess what I'm saying is the bottomline is that this appears to me like its a technical argument over exactly what your rights are. I sort of suspect the court order doesn't say quite what you think it says.
If you can, just deal with the IRS directly. I wouldn't pick another emotional court fight with her unless you absolutely had to. If you do need to get her involved, stay focused on straightening out the issue at hand and try not to get yanked into a battle of "getting even".
I think you might be right about that. It really is hard to give concrete advise without seeing the exact facts.
Maybe he does have an 8332. He still wouldn't be able to file electronically for 2010 because the kids social security numbers already were used on someone else's (her) return.
You do know an 8332 can be executed for more than one year.
Trust me I know. I have litigated this issue in more than one state. I am completely up on this issue.
My friend is a divorce attorney and he said that is the worst area of law to go into. He said people just became so emotional they refuse to listen to reason.
He said he once handled a divorce between a middle-aged couple that were worth around $10 million between them. It kept getting delayed because his client (the wife) kept pushing hard to get a hunting shotgun worth around $2,000, not because she wanted it (she hated guns), but because she knew her husband loved it.
I have a buddy at work who has been going at it with his former gal for years. And they have no kids. She didn't work and so they have to figure out how much she is entitled to in order to support her lifestyle. Of course, she has shacked up with a rich guy. They still can't even figure out who gets the dog. It's unbelievable.
And people ask me why I'm not married. 
Despite what everyone says believe me this is NOT the right way to handle this situation. The reason is the IRS will NOT get into the middle of this. Unless she has filed a Form 8332 giving you the right to claim the children and it has been filed with the IRS then you are screwed when it comes to the IRS. They will state that this is an issue whereby the person who provided more than half of the year of support (i.e. whoever has physical custody) gets to claim the minor children on their tax return. So in other words, attached a copy of your Court Order will do NOTHING. Attached a copy of a signed Form 8332 is the only thing that the IRS will rspond to.
In my situation there was no "court order".......it was simply written into the divorce decree that, as long as I was current on my child support, I would be able to claim my kids as dependents. I found out later about filing the 8332..........it was up to me to obtain it, fill it out, have her sign it, & submit it with MY return. Yes, it's supposed to be good for as many years as you put on the form, but a tax prep. told me it's a good idea to file one with every return, ie every year.
I have to believe jesron is correct.........the IRS won't lift a finger to help.......in fact they'll probably ended fining one or both of you..........hits just keep coming.
We are hearing your side of the story but not her side.
How are we going to find out who is really the scum here?
Maybe you really deserve what you're getting from this woman.
Sorry, not this time Missy. I gave up the ship to get out of this lazy, nasty, useless woman's life. 20 years in hell was more than enough generosity from me.
Thanks for some of the good advise. And for what its worth. I have a signed copy of 8332 from a few years ago that my new tax accountant has found. He's working on the problem and feels pretty good. I also have faxed my court documents to him regarding one of my few rights in the divorce. Which claiming my youngest on my taxes is included. Thanks again for the positive comments. Lot of good brothers on this site.
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