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Confused about Federal Tax laws and ex's...

My ex-husband has claimed my kids every year since we have been divorced. (About 10 years) We live in different states and I am working and want to claim them. I heard just recently about a federal law that states the parent the children reside with (they are with me 90% of the time) is supposed to claim them. Is this true? I have tried to look it up but cannot find it. I need to be able to show him this, if he doesn't already know, so I can claim them myself.

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MJblessed

Asked by MJblessed at 5:37 AM on Feb. 22, 2011 in General Parenting

Level 5 (101 Credits)
Answers (6)
  • It depends on the court order. In Ohio if parents go to court to establish custody, visitation, and child support usually the father claims the child (but cannot claim as living with him) on taxes. If there is no court order and you are full custodian, I would go ahead and let the dad know that you are claiming them this year.
    kitchenwitch78

    Answer by kitchenwitch78 at 6:29 AM on Feb. 22, 2011

  • There is a court order that states we claim them every other year but I haven't claimed them once yet. I think it would be fair that I claim them from here on out. I imagine that I need to go back to court but I hate to have the cost just to change the court order if we both agree on the terms.
    MJblessed

    Comment by MJblessed (original poster) at 7:29 AM on Feb. 22, 2011

  • There's a good chance you'll spend all that money for nothing if you take the ex to court.  That the courts will tell you that you chose not to exercise your rights all those years.  Too bad for you.  Even if you and the ex verbally agree you'll still have to go back to court to amend the document or the ex can put your butt over a barrel in a year or so by saying he never agreed to it.  * Always* get things made legal by filing with the courts. It doesn't matter what the irs rules are about claiming a dependant if your decree states that the ex gets the deduction every other year.  Anywhere you can find the guidelines it  will also say that it is barring any decree that states otherwise, so trying to show him written proof won't do you any good. Just start claiming the child in your years from here on out, and consider it a lesson learned.  Also know that he *only* gets the deduction.  Even in his years to

    desert_diva

    Answer by desert_diva at 9:20 AM on Feb. 22, 2011

  • Claim you would still get the other tax breaks...like EITC(if you qualify).
    desert_diva

    Answer by desert_diva at 9:21 AM on Feb. 22, 2011

  • You need to remind him of what the court order says and maybe have your lawyer give him a call. Also go to the IRS website and put your topic in the search bar. Many articles will come up. GL
    elizabr

    Answer by elizabr at 9:25 AM on Feb. 22, 2011

  • You def need to show him the court order, and he needs to respect that and let you claim them for the next 10 years. On the other hand, if you file your taxes first and claim them, and he tries to claim them as well, he will get in trouble, so if he's not willing to go by the court order, try to file your taxes first! If you get audited, just show them the court order that states you claim them every other year.
    gumby11883

    Answer by gumby11883 at 11:02 AM on Feb. 23, 2011

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