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dh2006msp

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Posts: 2
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I have a signed Iowa decree from 2009 regarding child support obligation, visitation, and who can claim the dependent on yearly tax exemptions.

The facts:

I live in Minneapolis
Daughter lives in Des Moines Iowa
Daughter turns 5 this year 
Up to date on child support obligations 
I am the non custodial parent 

The visitation agreements have been nearly nothing for the past 3 years, I have tired to visit my daughter a few times and every time her mother is either looking to start up a relationship or ask for more support financially. My daughter is 4 now. 

The mother was supposed to meet half way to drop my daughter off, none of these requirements were ever met due the mother not able to afford to drive or too busy....

So at this point I have stayed out of harms way and left it alone until my daughter is older. 

My question:

The decree stats that I have the tax exemption each year on my taxes. This year I filed and found that the mother has claimed my daughter already. The IRS says I need a signed form #8332, the mother will not sign the form. 

Can I file for contempt of court to have the judge require a signification from the mother?  The mother claims her lawyer says I have no case because I didn't follow visitation agreement. Up to this point there has been no paperwork filed for visitation issues.  Is visitation and financial separate in terms of one voiding the other?

Also, If anyone has a similar situation I would like to hear your outcome or current situation. 


sickofkelli

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Posts: 1
Reply with quote  #2 
Quote:
Originally Posted by dh2006msp
I have a signed Iowa decree from 2009 regarding child support obligation, visitation, and who can claim the dependent on yearly tax exemptions.

The facts:

I live in Minneapolis
Daughter lives in Des Moines Iowa
Daughter turns 5 this year 
Up to date on child support obligations 
I am the non custodial parent 

The visitation agreements have been nearly nothing for the past 3 years, I have tired to visit my daughter a few times and every time her mother is either looking to start up a relationship or ask for more support financially. My daughter is 4 now. 

The mother was supposed to meet half way to drop my daughter off, none of these requirements were ever met due the mother not able to afford to drive or too busy....

So at this point I have stayed out of harms way and left it alone until my daughter is older. 

My question:

The decree stats that I have the tax exemption each year on my taxes. This year I filed and found that the mother has claimed my daughter already. The IRS says I need a signed form #8332, the mother will not sign the form. 

Can I file for contempt of court to have the judge require a signification from the mother?  The mother claims her lawyer says I have no case because I didn't follow visitation agreement. Up to this point there has been no paperwork filed for visitation issues.  Is visitation and financial separate in terms of one voiding the other?

Also, If anyone has a similar situation I would like to hear your outcome or current situation. 



From what i have read it would be your ex in contempt of court. as long as you have a court signed paper stating that you can claim each year. also if the decree states she has to meet you half way she has to. from experience i would make her or contempt charges would be filed. my fiancee has dealt with a vindictive ex wife for 6 years and she tried to pull that tax crap on my fiancee last year. his lawyer finally had to prove to her she was wrong before she would sign the release.

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holly h hummel
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