If mx-wife defied a court order that stated that we are to each claim a child on or taxes, can I ask for damages?

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If mx-wife defied a court order that stated that we are to each claim a child on or taxes, can I ask for damages?

We had a verbal agreement that were to each claim a child on our individual taxes. She would constantly claim both kids. So I took her to court to make it a court order for us to each claim one child. This is the first time she has done this after this court order was added.

Asked on April 15, 2011 under Family Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a court order, you can bring a legal action to enforce it. You may seek both equitable or injunctive relief--i.e. another order--and also monetary damages. The damages, or compensation, must be related to the lose; for example, you might be able to recover the tax savings you'd have received for being able to claim the child. In addition, while normally legal fees are  not recoverable (i.e. each party typically bears its own costs to sue), in a case like this, where the other party has violated a court order obtainied in a prior proceeding, you may also be able to recover reasonable legal fees and court costs--at the least, it would be worth seeking them in any legal action. Good luck.


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