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Claming taxes?

Posted by on Jul. 25, 2010 at 10:15 PM
  • 6 Replies

me and my ex have joint custody but she is to reside with me not him he gets her on the 2nd and forth weeken (his chosen) on saturdays from noon to 7pm and on sundays from noon to 7pm no over nights. he says that he can declair our two girls on taxes (we have a 12 week old but no court order yet) cause he has the right to his share to is that realy true. he told me i better claim them on the 1st befor he does is that really true? i live in texas by the way...... HELP

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by on Jul. 25, 2010 at 10:15 PM
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ROP
by on Jul. 25, 2010 at 11:02 PM

 It was spelled out in my divorce agreement that I get to claim the kids. My friend has it so she gets even years, he gets odd. If it isn't spelled out both parents can end up claiming them and it can have bad outcomes. When my friend was in the process of divorcing they both claimed her little girl and then it came back on the dad because at the time he was not paying c/s or seeing the child and he ended up having to pay it back....but I have also heard it really is whoever files first....no idea. I'd check with a lawyer.

gregory2
by on Jul. 25, 2010 at 11:31 PM
Id ask a lawyer. I know the first yr my parents split my mom and dad both claimed all 3 of us. They were audited and my dad had to pay it back. After that only my mom was suppose to claim us, but she would let my dad claim one of us and she claimed the other two after that. That was jus a verbal agreement between them though. It's best to seek legal advice jus to b sure.
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Singlemomks
by on Jul. 26, 2010 at 12:10 AM

 Most cases have it spelled out in their divorce settlement, or custody agreement. IRS will let the first parent that files take the credit, and then if they get a second claim, they will investigate, much better to get it ironed out legally before getting the IRS involved, that gets messy!

LuluMa27
by on Jul. 26, 2010 at 12:14 AM
Good question, I needed to know this too... thanks!
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jeepingirrl
by on Jul. 26, 2010 at 12:19 AM

In MI if you are the primary caregiver for over half the year then you get to claim the kids. Seeing my ex only has visitation and they live with me full time I get full right to claim them on my taxes.

faerie75
by Ruby Member on Jul. 26, 2010 at 3:42 AM

 nope. you have primary.

when i first divorced my ex, it was supposed to be him claiming one of them on even years and me both on odd. when i took him back i had our court order say he is never to claim them. you can have court orders declare this. but, if you dont,  if the kids have primary residence w you, you get right to claim, and if he tries to claim them, he will get audited.

 
        
         

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