i have two kids and they live with me is it legally right for my ex to claim the kids on his taxes?

Question

my ex and i have been seperated for 2yrs and both kids live with me and he wants to claim one and me claim the other and i don't want to let him claim neither but he is making me feel guilty and i was wondering if i am in my rights. I feel that i do my part of taking care of the kids and that all the money i get in return will be for the kids i don't think since they dont live with him then i shouldn't have to i was just wondering if i am in the wrong or is he in his legeal rights to get to claim one

Answer 1

If they live with you, you claim them and don't feel a bit guilty. Where is he when they need him? Raising kids is a tough job. If you're doin it without him, he doesn't deserve a thing!!!

Answer 2

". . .Children of divorced or separated parents. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.
The parents:

1, a. Are divorced or legally separated under a decree of divorce or separate maintenance,

b. Are separated under a written separation agreement, or

c. Lived apart at all times during the last 6 months of the year.

2. The child received over half of his or her support for the year from the parents.

3. The child is in the custody of one or both parents for more than half of the year.

4. Either of the following statements is true.

The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement made after 1984, later.)

A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2006 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year.


Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent. . ."
http://www.irs.gov/publications/p501/ar02.html#d0e3591

This is just an excerpt of the source from the IRS. Please check with your local IRS office and get a tax attorneyif necessary.

Personally, I would claim both as that is YOUR legal right if the children spent the majority of the year with you.

Answer 3

The person that has custody of the children claim them. If the kids don't live with him, he cannot claim either one. If you want to make sure of this then call the tax department and they will tell you this. Good luck!

Answer 4

First of all, you should get yourself a good lawyer, he is wanting to take one away and leave the other is not good to separate both kids. He does have a right to see them both under court order. But if he is threatening to take one from you, you should get a good family lawyer. In custody battles, the kids usually stay with the women.

Either way, you both are hurting your kids with the way your marriage went. In fact, you already destroyed them with the way you both act with each other. The kids are suffering for what you two have done.

Unless, you two start acting like adults and stop putting more drama upon your kids.

I would have to say that your ex does have rights to see both kids, but I would keep an eye out because he already said he wants to keep one and you keep the other one. Use caution.

It is sad that this had to happen, because look who is suffering now, your kids!

Answer 5

actually you have the right to claim both unless you have an agreement that was stated in court, but since you have just a seperation and not a divorce I doubt that. You can claim them both, and if he claims one it will throw a red flag on both of your returns. You have resedintial parent status, so it would go your way, but if he does he will delay your claim.

Answer 6

If you have nothing in court papers saying who gets who at tax time, then it's truly up to you. But a lot of times if the ex is paying support the courts give them one child to claim as long as they are current on there support. But with no papers, you can do whatever you want. your the one with the SS#. Good luck!!!

Answer 7

What does the papers say? My papers was stated like this if my ex owed child support no he couldn't claim a child but if his child support was paid then yes he could claim 1 child. I would say if he owes you child support hell no but if he is a good man and has paid child support then yeah he is tryen to do right. Let him him claim one but only if he doesn't owe you a dime.

Answer 8

If the children do not legally reside with him for 6 months or longer throughout the year, then he cannot legally claim them as dependants on his taxes. You, on the other hand, can.

Answer 9

I ALWAYS CLAIMED MINE WHEN I was divorced ,he just wants the money. you have the right to claim them both,if still not sure call an attorney an ask for advice, or the place where you file your taxes.

Answer 10

Do you have full custody of the children? You can file as head of household. He is looking for a tax break, and he probably wants to file head of household with one child. Only one person can be head of household, and the children have to be living with that parent.

If he files falsely he will suffer the consequences.