Heres the situation.... my ex wife and i had an agreement in the divorce decree that stated we were to have split custody of our 2 kids, {1 week with me....1 week with her}..., and for tax purposes we would each be able to claim 1 on our taxes. In real life, this has not happened... the kids have lived with me {im a single dad} for all of the year...total time spent with her would not end up to be more then a couple weeks, tops. Im also sure i could prove this to be true in court as the kids are in school, daycare, etc. Can i legally claim them both as dependents since they lived with me?
2006-12-12 13:36:27 · 8 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
There is an IRS document that would allow you to claim the child she is entitled to claim if she agrees to sign it.
It may be possible that she would agree with you and that she would be willing to allow that. Make sure that you get her to sign because this will be upheld should she change her mind claim the child and try to use the court documents.
http://www.irs.gov/pub/irs-pdf/f8332.pdf Release of claim to an exemption.
2006-12-13 07:29:01 · answer #1 · answered by T D 2 · 0⤊ 0⤋
Sir, a decree is a legal document that until you go back to court and do a modification you CANNOT claim both children legally without her written consent. Be careful, because she can simply provide a copy to the IRS and you can get in trouble. A modification of a court order is easy to do. Sounds like you do have both children a majority of the year (most states say that if you have the child more than 6 months of the year, you are the custodial parent). Since the time you agreed to the divorce decree things may have changed. Again, it is easy to get a modification done. Good luck
2006-12-12 14:03:30 · answer #2 · answered by Ronda D 1 · 0⤊ 0⤋
The ultmate way my to figure this out is look at who the child lived with during the majority of the year. My parents divorced when I was five so they always went through this annually. In the end, whoever had custody of the child for more then half a year, they are the rightful person who can claim the child on their taxes. And no, both of you cannot claim her/him.
2006-12-12 13:46:38 · answer #3 · answered by Lhynne 2 · 0⤊ 0⤋
If the decree says that you each claim one, then yes, she can claim one of the kids even though she did little or nothing through the year to support them. To get that changed, you'd have to go back to court or get her signature on a statement that she would not claim either child. Not fair, but that's how it works.
2006-12-12 15:24:09 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
Since it is in the divorce degree, you probably will have to leave it like it is or get the divorce degree amended. If you both claim the same child in the same year the IRS will give you a penalty. So work it out first.
2006-12-12 13:42:15 · answer #5 · answered by kny390 6 · 0⤊ 0⤋
Yes. If the children lived with you and not her you can claim . If it becomes an issue I would suggest to your ex that you will see her in court. But I would let her know you are claiming both children because of the circumstances.
2006-12-12 13:42:37 · answer #6 · answered by rdncgirl 2 · 0⤊ 0⤋
NO NO and again NO none at all and he does not yet have the so called REFUND amount in his hand YET and I would NOT really count on him being able to qualify to get it at all during this 2013 tax filing season YET at all. IF he does manage to get it will only belong to him for the past tax year income that he did earn in order to be able to qualify for any of the REFUND amount NOT YOURS at all. And have you been receiving any assistance from the state for you and your children during the tax year? Hope that you find the above enclosed information useful. 02/27/2013
2016-03-29 05:11:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
SHE IS ENTITLED TO ONE CHILD AS DEPEN.
YOU NEED TO PETITION COURT FOR CHANGE IF YOU WANT TO CLAIM BOTH.
2006-12-12 13:41:43 · answer #8 · answered by cork 7 · 1⤊ 2⤋