My ex husband and I have shared custody of our 2 kids for 7 years, but he is moving out of state and will only have them on vacation time. He pays child support, but the amount will not increase. Normally we each claim one kid on our taxes. Will I legally be able to claim both now that I will have them full time?
2007-07-09 06:04:05 · 4 answers · asked by prancingmonkey 4 in Business & Finance ➔ Taxes ➔ United States
The IRS says the parent that has the child 51% of the time gets the deduction, except when court ordered otherwise. In actuallity the person that files first usually wins....
2007-07-09 06:17:41 · answer #1 · answered by IcanoutfishU 6 · 0⤊ 1⤋
Unless there is something in the divorce decree, you will be able to claim them if you provide more that 50% of their support. To be safe and to make sure he doesn't claim one and you claim both, thus getting a letter from the IRS, make sure he won't be claiming any. Better to have it done amicable now than hostile later.
2007-07-09 07:12:04 · answer #2 · answered by extra_37 4 · 0⤊ 0⤋
Unless there are legal papers that say otherwise, you as the custodial parent would be able to claim both of them.
2007-07-09 07:18:07 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
It depends on whether you have a divorce agreement in writing that gives one of the exemptions to the noncustodial parent. Alternatively, you could choose to waive the exemption to him by signing Form 8332.
If neither of these documents apply, you may take dependency exemptions for both children.
The child support issue is not relevant to whether you can take the dependency exemptions for a child that lives with you. The custodial parent always takes precedence over the noncustodial parent regardless of child support.
2007-07-09 06:21:30 · answer #4 · answered by ninasgramma 7 · 3⤊ 0⤋