I have joint custody with my ex-wife but she has not even SEEN the children in over four years. I does say in our divorce decree that she can file for them ever other year...but the idea was that she was doing to be in there life per the joint parenting agreement.
Can she still claim them on her income tax when they haven't lived with her a single day in the last four years? She hasn't even seen them and does not send presents or cards.
2006-11-18 14:24:08 · 5 answers · asked by Frank G 1 in Politics & Government ➔ Law & Ethics
visit irs.gov they have a faq area and help to determine who can claim a child and who can not. I do know that if the kids live with you and have lived for you for at least 6 mos. of the year and you have provided at least 50% of their support you can claim them.
2006-11-18 14:29:13 · answer #1 · answered by mickey 3 · 1⤊ 0⤋
If the divorce decree said that she can claim them, then yes she can. If there is no court order, then you should contact the IRS and explain the situation. You should be claiming head of household, and claiming your children as dependents.
The best thing to do would be to take her back to court, and have the court not only give you the right to claim the kids, but also have her pay you child support.
2006-11-18 23:01:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need to go to Family court and get the order ammended, you should also get an order to get child support while you're at it. Generally to claim a child on your taxes as a dependent you need to be able to show that you are providing at least 50% of their support.
2006-11-18 22:31:31 · answer #3 · answered by MUD 5 · 0⤊ 0⤋
She still can as long as it is in the divorce papers but you can go to court and have that changed.
2006-11-18 22:29:17 · answer #4 · answered by chr1 4 · 0⤊ 1⤋
not if she doesnt have custody.
2006-11-19 00:15:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋