Can you get away with breaching the divorce decree?

[jeffmcd]

What is the name of your state? Maryland

My ex-spouse and I have a divorce decree. We have two children and my ex-wife wanted each of us to take one child as a tax exemption. I agreed and it's in our divorce decree that she take child "X" in even tax years and I take child "Y" in odd tax years.

So I filed and my tax return was rejected. I later found out that my ex-spouse said she just wanted the other child (child "Y") and that I could take child "X". I had to agree since my accountant said I have no choice; child "Y" is already claimed and the tax deadline is near. So I had to pay extra to do my taxes again and once again, my ex-spouse got what she wanted: she was able to just go ahead and do things to suit her, even though we had agreed otherwise.

My question is: what can I do to prove that my ex-wife breached the divorce decree, yet again?

My ex-wife has let me know that she will be filing to modify our decree so that our joint physical custody changes to her sole custody. I'm going to contest that. I want to show the court in the future that my ex-wife has a pattern of not following any agreements. Going to court over this tax thing seems going overboard since I did get one tax exemption, albeit not the one which was spelled out in our divorce decree. I do have an email from me to her, explaining that my tax return was rejected and asking her what's going on. Should I or my attorney just write her a letter, saying that my ex-spouse should have at least discussed with me her change of tax exemptions and that changes to our divorce decree can't me made unless we discuss it? Or should I take her to court just for proof that she didn't follow the divorce decree?

Any help would be appreciated.
Thanks.What is the name of your state?

 

[Zephyr]

if you are each claiming one child, what's the difference?

 

[BelizeBreeze]

What is the name of your state? Maryland

My ex-spouse and I have a divorce decree. We have two children and my ex-wife wanted each of us to take one child as a tax exemption. I agreed and it's in our divorce decree that she take child "X" in even tax years and I take child "Y" in odd tax years.

So I filed and my tax return was rejected. I later found out that my ex-spouse said she just wanted the other child (child "Y") and that I could take child "X". I had to agree since my accountant said I have no choice; child "Y" is already claimed and the tax deadline is near. So I had to pay extra to do my taxes again and once again, my ex-spouse got what she wanted: she was able to just go ahead and do things to suit her, even though we had agreed otherwise.

My question is: what can I do to prove that my ex-wife breached the divorce decree, yet again?

My ex-wife has let me know that she will be filing to modify our decree so that our joint physical custody changes to her sole custody. I'm going to contest that. I want to show the court in the future that my ex-wife has a pattern of not following any agreements. Going to court over this tax thing seems going overboard since I did get one tax exemption, albeit not the one which was spelled out in our divorce decree. I do have an email from me to her, explaining that my tax return was rejected and asking her what's going on. Should I or my attorney just write her a letter, saying that my ex-spouse should have at least discussed with me her change of tax exemptions and that changes to our divorce decree can't me made unless we discuss it? Or should I take her to court just for proof that she didn't follow the divorce decree?

Any help would be appreciated.
Thanks.What is the name of your state?

Did your accountant file a copy of the decree along with a form 8332 with your return? If not, you need a new accountant.

File a show cause for contempt with costs and fines amounting to the extra costs

 

[LdiJ]

if you are each claiming one child, what's the difference?

I have to echo this.....it hardly seems like a valid battle to fight. If it goes to court she is simply going to say that she messed up and claimed the wrong child, but you got to claim the other one.

Did it actually make any difference on your return to claim one child instead of the other?

I will also add....if your tax preparer charged you extra for changing your dependent, then you need to find yourself another tax preparer for the future. Unless you had to file an amended return, there was absolutely no reason why you should have been charged extra.
No reputable preparer would do that.