The mother of my children has tried to claim them both eventhough I have alerted her that I have the right to claim one of them and we should be fair to one another
2007-01-02 16:57:22 · 12 answers · asked by Mr. Intellect 1 in Family & Relationships ➔ Marriage & Divorce
From what I understand from my divorce. Your ex should allow you to claim one and she claims the other. Then you alternate every year.
Plus I would check your divorce degree or check with your attorney on that
2007-01-02 17:02:31 · answer #1 · answered by lana1meyer 2 · 0⤊ 0⤋
If you both spend the equal amounts of money on the children then you should both be able to claim one of the children. However if she pays for more of the expenses then you do not have that right regardless of the fact you have joint legal custody. It all comes down to who pays more to care for the children.
If you guys want to keep things amicable for the sake of the kids I would suggest calmly working this out. Maybe you two can alternate years...one year you claim both children and the next year she can claim both. Otherwise you guys will end up fighting and hurting your children over something as silly as who gets to claim the kids on their taxes. Put the kids first....
2007-01-02 17:04:43 · answer #2 · answered by Cute But Evil 5 · 1⤊ 0⤋
In the end the person who has them the most during the year in physical custody gets to claim them. That is the law.
HOWEVER, whatever is outlined in the custody/support paperwork take precedence over the general law.
HOWEVER, if you two make private arrangements then you can do that. It must be agreed upon and there is a form to fill out and signed by both to show that a different agreement has been reached for this year.
2007-01-02 17:11:25 · answer #3 · answered by Poppet 7 · 0⤊ 0⤋
This depends on the state law to.
Some people when they divorce or when child support is ordered agree to every other year on this but in the state of Michigan the person who has the children the most gets to claim them each year.
2007-01-02 20:20:26 · answer #4 · answered by LC 5 · 0⤊ 0⤋
what will happen if you dont get a form from irs that you both sign then if you both would happen to claim them or any of them it will show up in there computers and knock it out as to be looked at because two people are claim someone with same SS. there is a form you can get even at the post office or wherever you get your taxes done that she would have to sign saying shes letting you claim one of them.. if its not in the divorce or courts that you get to claim one of them then she can. if she has them mostly. your best bet is to be very nice to her and ask her very nicely if she would sign the paper so you could claim one of them. it wont hurt her earned income credit its just a deduction for you. unless that child lived with you this last 6 months of 06.. talk to your tax preparer then to her with form in hand or in car lol. so you can get it done before she changes her mine.. just dont claim them if she has already that will hold everything up for you as well.. now if she claims them and you was suppose to you can go after her for that claim..and she would have to pay that back to gov... coz wasnt hers to begin with.. good luck
2007-01-02 17:09:52 · answer #5 · answered by Kat 5 · 0⤊ 0⤋
I think you have every right to claim one of them. I would check the divorce papers that you both signed to make sure first.
2007-01-02 17:03:07 · answer #6 · answered by Anonymous · 0⤊ 1⤋
since you have split as long as you keep them 6 months out the year you should be able to claim them
2007-01-02 17:01:48 · answer #7 · answered by amy 3 · 1⤊ 0⤋
Depends on what the court order states.
2007-01-02 17:13:50 · answer #8 · answered by Anonymous · 1⤊ 0⤋
u shouldnt split the children up...whatever you choose to do...i dont think that is good
2007-01-02 17:00:22 · answer #9 · answered by A Girl 2 · 1⤊ 1⤋
You can claim both and should.
2007-01-02 16:59:29 · answer #10 · answered by marincaligirl 3 · 1⤊ 3⤋