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new advice sfor newly divorce mom

hi, I am getting a divorce cause my soon to b ex decided he wanted to cheat on me on his last deployment. here is my question: he want to claim her the odd years and i will have even years. But i feel like i should b able to claim her every year since he is in germany for the next 3 years (meaning no weekends visitation scheduled for him, but he does have to give cs cause the army makes him)

if he doesnt get to see her weekends or holidays but pays cs- . I know from other divorcees but im talking abt 4-10 yrs or so divorce moms.... ;; i always thought that the mom always gets to claim no matter but what the "new rules" in this updated world of divorce that keeps changing from 4 years ago

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Asked by dolan05 at 10:50 AM on Jan. 27, 2010 in Relationships

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Answers (4)
  • It depends on what your divorce agreement states. If it's not stated in there, then the IRS general "rule" is that whomever has her 51% of the time gets to claim her. If she lives with him less than 51% of the time and wants to claim her anyway, there is a form that he has to fill out and have you sign in order for him to claim her.
    But it would be a good idea to get something in writing between the two of you so you both know what's going on.

    - I'm divorced and got this information from my brother, who is a CPA.

    Answer by missanc at 10:56 AM on Jan. 27, 2010

  • It used to be the mother (or parent the children lived with) got to claim the children unless she chose to fill out the IRS form saying the other parent could claim the children. I don't know about new rules.

    Answer by Gailll at 10:59 AM on Jan. 27, 2010

  • I have been divorced since 2005. It was stated in our divorce agreement as chosen by the judge that I get even years and he gets odd years. It definately sucks that I spend the majority of the money on my son but he gets to claim him. Up until this year my ex claiming him didn't do him any good because if my son didn't live with him for 6 months he couldn't get earned income on my son. From what my ex has told me, Obama has changed it and he can now get earned income for my son (which will be close to what he pays in child support each year). I'm not happy with this but it is what it is I guess. I can still put my son as a qualifying child though so I can claim daycare even on my off years. I'm not sure how that will be affected with the new changes though. Good luck hun.

    Answer by momof2il at 11:36 AM on Jan. 27, 2010

  • just make sure you claim her first. file before he does. but yeah generally get that in your divorce degree that whoever has full custody gets to claim her.

    Answer by Anonymous at 1:42 PM on Jan. 27, 2010

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