my kids live in georgia with their mom and I live in new york
2007-01-23 11:38:29 · 7 answers · asked by lost in space 1 in Business & Finance ➔ Taxes ➔ United States
Usually there is some stipulation that if both parents are filing taxes, they take turns claiming. If you paid more than a certain percentage (and you might check your papers to see if there is anything in them regarding this) you should be able to claim them. But, I would check with the courts and your tax people. One other thing to consider is if you are on speaking terms with your ex, ask her what she intends to do. It gets very sticky if both parents have claimed them! That's a big no.
2007-01-23 11:48:09 · answer #1 · answered by lucy7 3 · 0⤊ 0⤋
There are several good answers here so far, but the one factor that seems to be missing is your ex's current marital status. You said she isn't working, but if she is remarried and files jointly with her new spouse, then she may not relinquish the filing status to you. Check your Court Orders from your divorce (I worked in domestic law for 10 years). Somewhere there should be a mention of how tax dependency issues are to be handled. Whatever you do, don't just claim them without checking 1) your court Orders and 2) with your ex spouse about how she will be filing her taxes. You cannot just unilaterally start taking the deduction (this can come back to bite you in family law court later on) and you need forms from IRS signed by her (the IRS is a little particular about more than one party claiming deductions for the same dependents and if you don't have the form signed by her, they will come after you. If you DO get her to sign it, they'll go after HER if she also claims the children). Please read this paperwork very carefully, if I am not mistaken, it has to be completed each time you file... Best of luck.
2007-01-23 20:45:55 · answer #2 · answered by victronia 3 · 0⤊ 0⤋
Yes you could claim them, if she allows you to.The specific form you are looking for is called an 8332. It releases their dependancy exemptions and lets you claim the Child Tax Credit if you qualify. She would keep the day care expenses, EITC,and Head of Household status.
2007-01-23 20:12:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The second gentleman is almost all correct. The basic answer is no, you cannot. You must get your ex-spouse to relinquish her tax exemptions for the children. To fo that their is a specific tax form she must fill out and sign and give to you. You can get the form by searching www.irs.gov
2007-01-23 19:48:40 · answer #4 · answered by KingGeorge 5 · 0⤊ 0⤋
You can only claim them if there's something in court papers like a divorce decree that says you can, of if the custodial parent signs an IRS form saying that you can.
2007-01-23 22:51:03 · answer #5 · answered by Judy 7 · 0⤊ 0⤋
what did your court order say about this usually they give the wife the tax credit try calling a tax attorney most phone advice is free
2007-01-23 20:05:39 · answer #6 · answered by Glenn D 2 · 0⤊ 0⤋
The answer is no, unless she lets you claim them. She passes all the necessary "tests" from the IRS, you don't.
2007-01-23 19:46:11 · answer #7 · answered by miketorse 5 · 0⤊ 0⤋