Who gets the tax credit?

You have to follow the order or ask the court to change it. If he's not following the order you can ask the court to find him in contempt. As a condition of purging the contempt you could ask the court to make him pay you the tax return or re-allocate the tax exemption claim. Please discuss with your tax adviser the earned income credit and the difference between head of household and the claim for your child. They may be able to assist you with maximizing your return without violating the State Court's order. Hope this helps. Elizabeth Powell

You must follow the order or go back to court to get it changed or hold him in contempt for not following the order. If you used an attorney for the divorce you should contact them and let them know what is happening. Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.