Can I Claim My Child as a Dependent Now That I’m Divorced or Separated? 749

Tax Status of Your Dependents After the Split

Section 152(e) of the Federal Tax Code provides that the custodial parent is generally entitled to the personal exemption for the qualifying child. To be a “qualifying child”, you must satisfy four tests:

  • Age – the child must be under the age of 19 at the end of the tax year or under the age of 24 and be a full-time student
  • Relationship – the child must be your child (biological, adopted, step, foster) or a descendant of one of them (grandchild) or your brother or sister (full, half, step) or a descendant of one of them (niece, nephew)
  • Residency – the child must have lived with you for more than half the year
  • Support – you must have provided more than half of the child’s support during the tax year

In cases where the non-custodial parent wishes to claim the exemption, additional requirements must be satisfied:

  • The child receives more than one-half of his support during the calendar year from his parents and the parents are divorced, legally separated (either by decree or written agreement) or living apart for at least the last six months of the year; and
  • The child is in the custody of one or both of the parents for more than one-half of the calendar year

In addition, to claim the exemption, one of the following documents must be attached to the return:

  • The custodial parent releases the claim for the exemption (Form 8332 – See Section 152(e)(2)); or
  • A multiple support agreement establishing who can claim the exemption (See Section 152(e)(3)); or
  • A pre-1985 agreement granting the exemption to the non-custodial parent and said parent provides at least $600 for the support of the child during the tax year

What does this mean for me?

If you’re the custodial parent, you are probably entitled to the tax exemption unless you have agreed to allow your spouse to claim the child on his or her taxes. To be sure, you should review your divorce decree or separation agreement (from the court) to determine who is allowed to take the exemption.

What if I have joint physical custody?

The IRS does not allow for a single exemption to be “split” between the two parties in the same year. Parties who share physical custody of their children on an equal or almost equal basis will generally have an agreement as to handle the income tax exemption(s). If they cannot agree, the IRS will decide for them based on Adjusted Gross Income.

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Discussion

  • nadine

    I need some info about claiming my four children…I’m separated for almost 5years now…my kids go to their dad every other weekend and yes his paying child support for 4 kids in the amount of 650 per month…this past years i’ve been claiming all four and now he decided to claim 2 of them so he doesn’t have to pay any back taxes….i wanted to know if he can claim 2 or not. People tell me he can’t because he hardly sees the kids even though he is paying child support. So, yes I’m confused about it. I tried talking to tax people here in Hawaii and no one can give me a straight answer. Thanks, Nadine.

    • Monica

      Generally, the parent with the majority of custodial time is entitled to claim the children as dependents on their tax returns.

      Parents may agree in writing that the parent with lesser custodial time will claim the children. You may want to be sure that you did not previously agree in writing that father can take two of the children as deductions.

      For more information about specific tax laws, you should contact an accountant, or check Hawaii’s state website for its tax laws.

      • misael

        can i claim my son even if i don’t live with him? And will the mother find out?

        • Monica

          If you are not custodial parent (the parent with the majority of custodial time) you will need the custodial parent to sign IRS Form 8332 permitting you to claim your child as a dependent on your tax returns.

    • Anne

      You would have to provide him with form 8332 in order for him to claim the exemptions/dependents. Otherwise the custodial parent gets them. Go to IRS.gov for more information.

  • William

    I was wondering if I am the only one to work and my kids mother dosn’t work is their some kind of way I can file my kids during the tax season I also do pay child support and what can I do to make this happen

    • Monica

      The parent with more custodial time is entitled to claim the child(ren) as dependents on their Federal and State tax returns. If you are not the parent with the majority of custodial time but want to claim the child(ren) as dependents, you can enter into a written agreement with the other parent which provides that you can claim the children as dependents. You will need to attach a copy of this agreement to your tax returns. If the children’s mother does not work she may be amenable to this agreement since claiming the child(ren) as dependents does not really provide her with any tax benefit if she has no income.

      • KK1979

        That is absolutely NOT TRUE! There are plenty of divorced people (with children) that have all sorts of different arrangements (per their divorce decree) regarding how their child/children can be claimed. For instance… My Husband and his ex wife claim all 3 children bi-annually, one year she gets to claim them and then they alternate… He has almost 50% custody (she has a tad more time and is considered their primary guardian, their Dad has Join, Legal/Physical Custody. So you cannot be giving out this kind of information to people when it is in fact not 100% true.

  • Vince

    I have the same situation as William. My ex has no income; however, I already claimed my children. I did not have the 8332 because their mother and I do not get along. I got an IRS notice that someone else claimed them (her parents). They do not live with her parents. Can she sign over the exemption to them? Will I have to repay the refund? I was the children’s sole source of support through child support and additional contributions (food, clothing, diapers, a car, and cash) that I did not keep receipts for.

    • Monica

      Your ex’s parents cannot legally claim the children as dependents if the children do not reside with them. The parent with the majority of custodial time is the person entitled to the dependency exemptions. If you are not the parent with the majority (more than 50%) of custodial time then you cannot claim the children as dependents unless you have a signed IRS Form 8332 (as mentioned in the article above) that entitles you to the exemption.

      • Nick M

        I appreciate the legal opinion, Monica, but repeating the rules without pointing out the outrageous injustice makes you seem cold or even anti-male. The IRS has changed the definition of “dependent” to mean something other than the common, recognized usage in English.

        • Jen

          What is the IRS thinking by not allowing a noncustodial parent who pays more than $5000 a year claim a child as an exemption? Sure, the child may be spending more custodial time with the custodial parent, but that may have nothing much to do with money coming out of the custodial parents paycheck or other income besides the child support that the noncustodial parent is paying. It’s what child support is for; to take care of the child. If the custodial parent’s income was sufficient, it wouldn’t be neccessary. If it is sufficient, then more than likely, what the custodial parent could be putting towards the child/children is going towards a new pair of shoes or something. Along with so many other weird things that are going on with our government right now, this is just another one of those poorly or non thought out decisions made. It’s stupid. Let the one paying the child support claim the child. Having to ask the custodial parent for an 8332, or whatever that form # is, is hateful as well, since there is an %85 chance that most parents aren’t even speaking to each other at this point, and the custodial parent will just use this as another opportunity to be vengeful or aggravating, which could lead to anything undesirable. I really don’t feel that the IRS made an effort to put much thought into this. It’s enought to make you want to leave the country and never look back.

        • RA

          I don’t think she is anti-male, the same rules apply if the father has custody. As far as it not being fair that the noncustodial parent cannot claim the child when they provide more support, there are other factors. I think the main idea is that it helps the custodial parent provide more for the child, instead of the parent pocketing the money the child is more likely to receive support from it. It is your duty to provide for your child, not the irs and many parent (male or female) do not want to provide more to their ex than they have to.

  • Lily

    Hello,
    I have a daughter that is 22 years old and she is a full time student and she works. Her gross income exceed 3500 for this year. Can I still claim her as my dependent?

    • Lily

      Also, can she claim file her own return if i claim her as a dependent?

      • Jeremy

        Hi, Lily. The answers to your questions are dictated by the IRS tax laws, rather than family law, so I would recommend you consult a tax adviser or check the IRS website.

      • Rebecca-Accountant

        Because your daughter is under 24 and a full time student her income level is irrelevant because the child dependent rules apply. For you to claim your daughter she must live with you for more than half the year (a dorm room counts as long as her permenant address is at your home) and she must not provide more than half of her own support. If these conditions are all met you can claim her. If she is claimed by you or someone else she may still have to file her taxes but she will not be able to claim a personal exemption on her return and her standard deduction is limited to the lesser of her earned income or $5800.

  • Sandra

    My ex-husband is calling me after 13 years of being divorced and is asking me for my daughters SS# he claims it’s for work purposes but I have a feeling he is trying to claim her on his taxes seeing he is recently divorced again and he can no longer claim his new ex-wifes children. How is the IRS going to know he is the non-custodial parent and how am I t be sure he is not going to forge my name on the release form to get the tax return. He claims if I do not give him the SS# he is going to go get it from the SS office can I stop this from happening? Please answer ASAP. Thank you

    • Monica

      There is nothing you can do to prevent your ex-husband from unlawfully claiming your daughters as dependents on his tax returns. If two parents claim the children then the IRS will assess penalties against the parent who did so unlawfully.

      If you are the custodial parent and have not signed IRS Form 8332 permitting your ex-husband to claim the children, then you may lawfully claim the children as dependents on your tax returns.

      • Eryn

        Yes, but what steps does the custodial parent have to take? Report them tho IRS? Then go through an audit? Or what? I haven’t filed successfully because he (the non-custodial parent quickly claimed her thru H&R Block , who didnt think to ask him for that form I was supposed to sign inorder to allow him to claim our child. He just claimed head of household, claimed our child and never mentioned any custody agreement and they apparently didn’t ask. nd then told me , “OOpps ! You’re going to be mad at me.” So he says at the time that he will do a voluntary ammendment to unclaim her so that I can claim her because he totally is in the wrong. I made plenty of income to claim her and she lives with me BY FAR the majority of the time, I couldve gotten close to $5,000.00 claiming my child, but with him having already spent his IRS money he made by claiming her unlawfully, I can only get $600.00 becauseour daughters social sends up a red flag since she’s already been claimed, and I get denied, I am going to call the irs Mondya to find out but stumbled upon your web site do thought I’d ask while I can. He, by the way, has not kept our deal. He has not filed a voluntary amendment and I’ve been patient and nice for too long. He wasted no time taking my money but seems to not be able to get off his lazy buns to go right his wrong. So I’m sick of waiting and I’m going to do whatever it takes to get back what I consider the money he stole from me. He also used that money to pay off his probation fines. Crimes He committed before I ever knew him. So in reality- I paid off his fines. I doubt his po or judge wud like to know those fines were paid off with money he stole from me and defrauded the government.

      • ALLYP19

        WHAT IF I HAVENT SIGNED AN 8332 , BUT I AM THE CUSTODIAL PARENT AND HE ONLY HAS HER TWO WEEKENDS A MONTH ? I WAS TOLD TO FILE ANYWAYS BECUASE I HAVENT SIGNED THAT FORM BUT THE PARENTING PLAN SAYS HE GETS TO CLAIM HER TWO YEARS IN A ROW STARTING THIS YEAR I CLAIM HER ONE , I DID SIGN THAT AT MY LAWYERS ADVICE…WHO IS NO LONGER ON THE CASE I MAKE LESS BUT HE OWNS HIS OWN BUSINESS AND ON THE TAX FORMS IT SAYS HE GROSSES 120,000.00 BUT DUE TO EXSPENSES ONLY TOOK HOME 10,000.00 SO WILL I BE INTROUBLE WITH THE COURT IF I CLAIM HER ? THE IRS SAYS W OUT THAT FORM BECUASE SHE DOESNT LIOVE W HIM ITS NOT LEGAL..IM CONFUSED WHOSE RIGHT THE COURT OR THE IRS ? AND HOW COULD THE COURT PUNISH ME IF IM WRONG ?

        • Ann C

          My daughter has the same problem. She agreed to allow her ex to claim one child and she would claim one child in the orginal legal seperation agreement in September 2009, at that time she was in VA, BUT, circumstances have changed, in June of 2010 she moved to SC from VA with permission from a court order to live with me. I now want to claim the two children and my daughter exemptions as the ex only pays mininum support. The ex still wants to claim one child. NOW, the simple answer is the IRS will give me the exemptions because my daughter is going to school and I pay the majority of the support for all three, and have a higher income than the father. However, we have go back to court to get the order changed by filing a motion to amend the orginal order or she could be found in contempt of court as I understand it for not supplying the husband with the Form 8332. It is a grey area but if in doubt, go back to court and hope the judge will rule in your favor.

        • Jennifer

          My husband & I have been legally seperated since Sept.09. In 2010 we filed jointly. This year I filed Head of household & claimed both, since I am the custodial parent in our temporary agreement. He does not get our two children on any regular basis or really spend time with them. We go for our final hearing on the 28th of this month. I have never agreed to let him claim one of the kids & it is no where in our temporary agreement from when we went to court in March of 2010. Did I have to wait until our divorce was final to file & will a judge make me agree to let him claim them if he hardly ever sees them? He makes twice what I do and is not helping out with any extra activites financially only paying child support, which is not much for 2 children. In SC sports, dance fees, etc are not included in child support nor does the court require them to help with these. I have kept them involved in these activites to maintain as much normallacy as I can for them. He does nothing.

  • Angella

    My husband is paying close to $800 a month for his two kids.The mother of his two kids now have for kids.For the past yr,she has been letting a friend and other family member claimed the kids.I want to know if there’s something we could do about it situation?

    • Monica

      The parent with the majority of custodial time is entitled to claim the children as dependents unless there is a written agreement between the parties otherwise.

      If friends or other family members are claiming the children as dependents on their tax returns and they do not have custody of the children for the majority of time then they are are taking unlawful deductions and can be fined by the Internal Revenue Service.

  • Michael Thoman

    I have a divorce settlement which allows me to deduct one child on my income taxes and my ex-wife to deduct one child on her income taxes and alternate the third child every other year, as long as she is W2 salary employed and my child support obligations are payed, which it is and I currently pay more than my state requirements in child support.

    My ex is threatening to file her taxes claiming all three deductions and that it is my IRS problem not hers. At decree entry, my attorney did not have her sign IRS form 8332. My question is can she get away with this and what do I need to do. Is this a civil matter? or do I need to get a tax attorney.

    • Monica

      I suggest that you consult with your tax return preparer. Generally, I would advise that you take the deductions permitted under the settlement agreement and attach a copy of the settlement agreement to your tax return.

      • Jay

        This is contradictory. First, you say that the parent who has the child more than fifty percent of the year can claim that child as a dependent despite an original divorce decree of alternate year claiming. (Unless of course the custodial parent signs or signed a 8332 form). Here you’re advising this gentleman to send a copy of the original settlement agreement with his W2’s. Which is it?

        • Stacy

          I agree. Since the 501 publication clearly says that divorce decrees cannot be mailed with the return post 2008, this would do the person no good. The IRS does not care what the agreements are. The custodial parent is defined as the parent with whom the child spent the most nights. Your X can still file a civil suit and you can be held in contempt of court if you do not comply with the divorce papers or other court ordered agreement. Hopefully this will not happen.

      • John

        Jay,

        I would agree with Monica on this one. According to my divorce decree,I have the right to claim my child as long as my support is current for the year in which I want to claim her. My ex claimed her each year after the first year we divorced and when I went to file, the red flag came up that she had already been claimed, so I attached the divorce decree per instructions from my tax preparer and I have gotten the claim approved each year for the past 4 years.

        • Stacy

          This only applies if the divorce agreement was before 2008. After 2008, the rule changed. You can go to IRS.GOV and look at publication 501 on about page 12-15

  • Thomas Dean

    My question is, if I paid child support for my child providing more than half his financial support for the year, do I have the right to claim him on my income taxes if he lives with his mother who does not provide even half of his support?

    • http://myfamilylaw.com/ Jeremy

      Hi, Thomas. If you’re divorced, then Monica’s first two comments explain which parent has the right to claim a child on his/her tax returns (it’s dictated by your custody agreement, rather than how much financial support you provide.)

      • fred orns

        what if it not addressed in your custody agreement?

  • frank

    Soi had a one night stand with a girl & she had my baby i pay child support but she does not let me see my child. can i do something? and also can i claim my child on my income since i work & am paying child support…the mother of my child does not work she is still in high school.

    • Monica

      If you would like to have visitation with your child and you cannot reach an agreement with mother you or your atorney must file a motion in court requesting visitation.

      The parent with the majority of custodial time is entitled to claim the child as a dependent unless there is a written agreement between the parties otherwise.

  • Chelsea Gilmore

    Hi,
    I have one question, My sons father would like to claim my son on his taxes, but he still owes back child support, in the child support order he is able to claim my son every even odd year, if he does not owe back child support. He Still owe back child support what can i do to make sure he can not claim him?

    Help
    Thank you

    • Monica

      If your child support order provides that father cannot claim your son as a dependent in odd numbered years if he owes child support, then you are able to claim your son as a dependent.

      Be sure to review the order carefully to ensure that this is what the order provides. You will also want to include a copy of the order with your return and an explanation that father owes child support, thus you are entitled to take the deduction for that year.

  • Krissie

    Here is my question. My soon to be ex and I have lived together for most of the year, we lived with my mother when we didn’t live here. He works and I don’t. He pays the electric bill and that’s it. When we need diapers and wipes, he will ask his mother or I will have to ask mine. I did have some money saved up which paid for a majority of the necessities that my children and I needed. His mother also pays the house taxes and the insurance ans taxes on his car. What I am wondering is, can my mother claim my children on her taxes? I know that if he claims the taxes they will be gone he will have nothing to show for it. I would like to get the money back and pay his mother what is owed, I will also be moving out soon and could use it for living expenses. We are not married by the way. He is threatening that if anyone but him claims the children he will have them thrown in jail. My thing is, he barely even supports them, he pays the electric bill and that is absolutely it. He won’t even do so much as change a diaper or buy any for that matter. So would I get in trouble if my mother claims my children?

    • Patricia

      Hey Krissie I’m having the same exact problem. Has yours been solve yet?

  • Monica

    The parent or person with the majority of custodial time is entitled to claim the children as dependents.

    • Bill

      My soon to be ex wife and I separated on July 20th. She filed papers on August 7th. We do not have a separation order or a divorce decree. Only a temporary parenting plan signed by a chancellor. She went and filed married separate and got a 2000 dollar refund. I am now stuck with a 6900 dollar liability. Is this legal?

    • REDD

      I have custody of my little girl by court papers and her mom had standard visitation but my daughter wanted to stay with her mom so I have let her most of the year (over half). I still pay for her health and dental insurance. Now her mom’s live in boyfriend has claimed her on taxes. Is that legal even though I have full legal custody in the court papers and taxes are not addressed in them.deR

  • Corey

    I am divorced with two children, and I have primary custody of them. They see their mother every other weekend. My divorce decree states that if my ex does not pay all of her child support for the tax year 2009, she cannot claim one of our children on her 2009 taxes. Her support was due on December 28, and has not yet been paid. My question is, does that mean that if the support is not received by December 31, it has not been paid for that tax year? Is there a certain cutoff date that applies?

    • Monica

      Unless your Judgment specifies otherwise, you may assume that the end of the 2009 tax year is December 31, 2009.

  • Jessica

    my husbands exwife is trying to say that she will claim their son on this years taxes when in their divorce decree they agreed that they would alternate years that they would claim him. It is my husbands year to claim his son and this will also be the first year that he and I file as a married couple. Yes she is the custodal parent but that decree in their divorce papers override the fact that she can claim him right????

    • monica

      The terms of the agreement control. You and your husband should claim his son as a dependent this year as set forth in the agreement. You should also attach a copy of the agreement to your tax return.

    • Kelly

      Hi Jessica – Was just wondering if you ever got this resolved? Did you have to fight it through the IRS? I am going through the same thing now with my husband and his ex-wife. The exact same scenario except when we went to file our taxes this week (late) they rejected it saying that his ex already claimed their son. It’s my husbands turn this year according to their divorce agreement to claim him.

    • Kelly

      Hi Jessica – Was wondering what was the outcome of your tax issue? I am going through the exact same thing with my husband and his ex. Except she already filed her taxes and claimed him. We did ours late and when we submitted our return they rejected it saying that his son was already claimed!

      Thanks!

  • Kevin

    Hello, reading through the above messages I’m pretty sure I know what I need to do but just want to make sure. I have 2 children of which I pay support for. Their mother is the custodial parent however she had no income whatsoever and claiming either of the two would be pointless. According to our decree, we each claim one of the children unless she has no income then I am entitled to claim both children. Since this is in the decree do i still need to have her sign a IRS form 8332? Lastly, when filing my tax paperwork what do I indicate is the time spent living in my household?

    • monica

      Yes, your ex spouse needs to sign IRS form 8332. Your tax paperwork should indicate that actual time the children spend in your household.

  • Patricia

    Hey Monica I have a question I’m 22 years old and I have a daughter that is 11 months old. I’m a stay home mom & I stay with my parents for now until I get on my feet. I’m unemployed. I never been marry but I recently got separated from my ex boyfriend. We lived with for 10 months after her birth all that he really provide for her is a place to stay & diapers & wipes my family has help me on everything crib,clothes,shoes,car seat,etc,etc for my daugther. Now that I left can he claim her in his tax return? I live in Illinois and he stays in Minnesota my daughter was born in Mn too.

    • monica

      In order for a person to claim a child as a dependent on his or her tax return, that person must be a parent or qualifying relative.

  • Josie

    Hello. My husband and I have been divorced for 2 years. He is obligated to continue paying for my son’s health insurance through his work but is still paying for mine as well. Is there a tax advantage for him in doing this?

    • Monica

      The cost of some health care plan premiums are deductible expenses. Whether your ex spouse is able to deduct the cost of health insurance premiums he pays for you and your son depends on the type of health insurance plan.

  • tona

    would my fiance benefit more if he filed as single or as head of household and claimed both me and my son?

  • Thomas Dean

    If the custodial parent is self employed and does not pay taxes does that mean that the noncustodial parent can claim the child on his taxes being that he provides for the child? I’m trying to verify that the custodial parent cannot give the child’s social security number to another individual to file for her being that she has unreported income coming in and the father does pay support for the child. If she does not pay income tax does not filing of the child go to the noncustodial parent if there is no one else supporting the child? Also, if the custodial parent allows another individual to file the child for an excess of cash is this not illegal?

    • Monica

      The custodial parent is entitled to claim the child as a dependent on their Federal and State income tax returns. If the custodial parent has no income and has no use for the dependency exemption, the custodial parent can sign IRS form 8332 which allows the other parent to claim the child as a dependent. A third party is not entitled to claim the child as a dependent unless the child lives with that person for the majority of time.

  • Ashley

    I have a question my boyfriend and I have been raising his son for the past year, But there is a court order saying his mother can claim him for tax returns for 2009. Can we still claim him or would we get intruble. I think its wrong for her to get that money when she has not had him. And there is not enough time to change it threw the court.

    • Monica

      Since there is already a court order providing that mother is entitled to claim the child for last year then mother is the only parent entitled to the last year’s dependency exemption. If you and your husband want to claim his child as an exemption for this and future years (going forward) because your husband is the parent with the majority of custody then your husband should obtain a court order providing that he is parent entitled to the dependency exemption.

  • alysia

    my husband has a son with an ex girlfriend.. they both have joint legal custody his son is with us 50% and his mother 50%…my husband pays child support to her! my husband works and so do i but the childs mother does not and never has! she currently lives with her boyfriend and has not lived with her mother for a year…can her mother claim my stepson over my husband?

    • Monica

      Your husband should review the court order or judgment to find out if he shares joint (50/50) physical custody of the child.

      Physical custody is the actual timeshare or visitation. Legal custody is the ability to make decisions about health, welfare and education of the child.

      Physical custody is relevant when determining which parent is entitled to claim the child as a dependent on their tax returns. If your husband and the mother have 50/50 physical custody either parent may claim the child as a dependent, but this should have been addressed in the order or judgment or by agreement of the parties. If physical custody is not 50/50, the parent that has the child the majority of the time is entitled to claim the child as a dependent.

  • jessica

    So my question is I get ssi my boyfriend is waiting for his ssi and we have a 6month old daughter our daughter stays with her gma my boyfriends mom down in the cities cause she helps with a lot of her care and baby stuff my question is my daughters godmother is my boyfriends sister who lives with my boyfriends mom can my boyfriends sister claim her seeing that she lives with them and has been for like three months

    • Monica

      A family member may be able to claim the child as a dependent on their tax returns, if the child resides with that person for the majority of time.

  • cherie

    I am divorced with 2 children. I want to claim the children on taxes and so does my ex. The amount he pays in child support is about the same amount I make yearly. I live with my fiance that also helps support the children. I am the domiscile parent and their father sees them only every other weekend. We have a verbal agreement only that I can claim the children, but he seems to be changing his tune this year…what would happen if I claim the children before him and then he tries. We have nothing in our divorce decree that states anything about this.

    • Monica

      Since you are the parent with the majority of custodial time, you are entitled to claim the children as dependents on your tax returns. You should attach a copy of your divorce decree/judgment, which reflects that you the majority of time, to your tax returns.

  • Iby

    I am a single mother with two daughers. My eldest has a baby and is going to school full-time. She has had two part-time jobs last year, but nothing to put her over the dependency limits. Can I claim my daughter and still have her claim her son as a dependent? In other words, she still wants to file her own taxes and claim her son, while I feel that I have a right to claim her, since i pay for everything.

    • Monica

      Since you daughter did not earn much money, it makes more sense for you to claim both your daughter and grandson as dependents.

  • Joshua

    I am divorced. My four children live with my ex wife. My ex wife did work at all last year. My ex wife currently lives with my aunt and has done so all of 2009. Can my aunt claim the children for the child tax? I know she can probably claim head of house hold and get the earned income tax? Can I claim all 4 for child tax if my aunt cant?

    • Monica

      The parent with the majority custodial time is entitled to claim the children as dependents. From the facts in your question, it appears that your ex-wife is entitled to claim the children as dependents. Your ex-wife can agree to let you claim the children as dependents. She would have to sign IRS form 8332 in order for you to be entitled to the exemptions.

  • Iby

    I am a single mother with two daughers. My eldest has a baby and is going to school full-time. She has had two part-time jobs last year, but nothing to put her over the dependency limits. Can I claim my daughter and still have her claim her son as a dependent? In other words, she still wants to file her own taxes and claim her son, while I feel that I have a right to claim her, since i pay for everything.

  • Michael

    I am currently separated from my wife, and she has custody of our two kids. We did not separate until September of 2009. She has said that she is claiming the kids on her tax return. Is she legally allowed to claim both of the kids, even though I contributed and lived with my wife and kids until September?

    • Monica

      Since you lived with the children and contributed to their support for the majority of the year, it seems you would be entitled to claim them as dependents. However, if your Wife also lived with the children and contributed to their support for the majority of the year she would also be entitled to the exemption. Perhaps, you and your wife could agree to each claim one child as a dependent for 2009. Be sure to fill out IRS Form 8332 reflecting this agreement and include the signed form with your tax returns when you file them.

  • Nicole

    If there is a divorce decree signed by a judge that states which parent can claim which child does this supercede the law about where the children reside and who can claim them? And if a parent refuses to sign the IRS form 8332 what actions can be taken? Can the other parent still file and claim the children according to the divorce decree without getting in to trouble with the IRS? Or do they have to have the form 8332 to go with thier returns when they file?

  • Monica

    The provisions of the Divorce Decree/Judgment regarding the dependency exemptions control. The IRS requires that a signed Form 8332 be submitted with the tax return claiming the exemptions. If you cannot obtain your ex spouse’s signature on Form 8332, attaching a copy of the Divorce Decree/Judgment to your tax returns may suffice.

    • http://myfamilylaw.com/ Jeremy

      The IRS has recently indicated that it is a better practice to attach a signed form 8332 when claiming a dependency exemption, rather than attaching a copy of the judgment.

  • Julia

    Hi,
    My ex is claiming my daughter after the divorce according to the decree for years. Other then that he doesn’t have any contact with her. I want to claim her now when she is 16 because it is going to help her with stipend and scholarships for college (he is making much more money then me and not going to help her through college). I don’t seem to be able to change it legally, family court is refusing to change. How do I get an opportunity to claim her? We had a default devorce decree, I never signed any forms for him, is he still able to claim her?
    Thanks,
    Julia

  • http://myfamilylaw.com/ Jeremy

    Thanks, everyone, for your comments and questions. We do our best to answer as many comments as we can on this site, but we may not be able to reply to everyone. If you need to make sure you get a response, go to the Ask a Lawyer page.

  • Lori

    Hello, My 18 year old daughter and her 16 month old son live with me. Normally her father claims her and her sister as dependents and I claim them for the EIC. My question is who can claim the grandson? I think I can because he lives here.
    My daughter made $1700. last year so does she need to file her own return?
    THANK YOU!!

    • Stacy

      How do I claim the EIC for my child when my ex can claim her as a dependent on his taxs , She lives full time with me .She is only 12 years old and I have a 18 year old that lives with me full time that I claim as a dependent but not the EIC .In my devorce decree he was to get the younger one for his taxs and I was to get oldest one but he has not been paying the child support on time. I would like to know how I can claim the EIC for the younger one this year on my taxs .

  • claudia

    I was wondering who is entitled to claim my daughter between me and my boyfriend. We live together but we are not married. We live at his parents house and we don’t pay rent. I pay her child care and medical insurance, and most of her clothing. He pays for her diapers and milk. His parents buy most of the groceries. I worked all of 2009 and my boyfriend worked for 1/4 of the year and was on unemployment the rest of the year. Any advise?

  • pedro

    i was never married but i have two childern from a past realationship. the mother of my childeren does not work she collects social securty for herself and 1 of my childeren. i also pay child support and medical. she also lives off public assistance food stamps, lihep ect. i also had the childeren for the same amount of time lasst year as she had. there is no open custody case. my question is can i claim these childeren on my taxes since i do pay for everything they need, and is there a problem with claiming childeren who get social securty.

  • Diana

    I’ve had physical custody of my daughter since her birth.I’ve been on tanf since her birth but worked prior to her birth.I’m just not sure if I can claim her as a dependent if I haven’t gone to court yet to make it legal custody.Not like the dad wants custody.I provide all support aside from providing a roof over our heads.My dad provides that for me and her for the past 4 months.

  • Angie

    I am engaged to my fiance and I have two children of my own and he just received his two kids this year because their mother is in jail. She is going to send him a signed form stating that he can claim them. But I make most of the money and he is laid off due to the season, so can he sign another form and allow me to claim them since i pay for their daycare, food, etc… I make more then he does by at least double.? He has had them for a year now. The kids mom is very mentally and emotionally unstable, so just because she said that we will not believe it until in comes in the mail. So since we have had them for the year time, can he just fill out that paper for me? We do not want her to come back and claim them even though they have not been with her, and then bite us in the rear, even though she is in jail (for now that is what it says in their divorce decree) that she can claim them. But once again we have had them for the year time.

  • goodguy

    Hi my child’s mother and i share joint custody but my daughter lives with her mother last year around this time her mother claimed are newborn baby on her tax returns my daughter was maybe a month old. This year i was supposed to claim are daughter but her mother had someone else claim her behind my back what can i do about this.

  • jward

    can my ex wife claim my daughter as a dependent and get the child tax credit, at the same time i claim my daughter for the purposes of eic

  • curious

    Can my ex husbands new wife claim my children if he owes a ton in back child support and hasn’t paid even though the order went through last June?

  • dWare

    I have a question about my current tax situation. My wife and I have been married for over 3 years and her ex has only seen my step-daughter a few times during that period. He does pay child support of $200 a month and in their divorce papers, they agreed to take turns claiming her. This is his year to claim her. We have not included our daughter in our taxes, but my wife has filled out an Earned Income Credit form which includes information about our daughter and increases the amount of taxes we get back. The problem is, we just found out that her ex has made the claim on his taxes that he has had custody of my step-daughter for twelve months to get back more money(?), and (according to wife) that we now cannot turn in the earned income credit form because of this. He wants to just “give us the money” [that we’d lose from the EIF] by hand, and my wife doesn’t see that as a big deal. However, I am very suspicious of this and would like some input on what to do, from a legal standpoint. Thank you.

  • ron

    i was wondering if my ex has no income is it possible she could get her mother to claim my son even if i was supporting him (food, diapers, clothes etc. and receipts to prove)up until 2 months ago when we seperated? and if i file my taxes and claim my son, what could happen if we claim him at the same time? and is there any i could do if she did claim him?

  • Diane

    If you file form 8332 with the IRS and claim one of your children, how do you file with the State of Arizona? Can I claim my child as a dependant even if the child didn’t live with me, only had him 3 days a week? If you can reply soon, I would appreciate it, as I’m afraid to mail out my tax forms out.
    Thanks a million for your assistance.

  • Silly

    My ex-husband claimed my son for 2009. According to our divorce papers, he gets odd years and I get even as long as he is caught up on support.

    He is not caught up, now what am I supposed to do?

  • JO NORMAN MCCORKLE

    My 48 yr old daughter had to move in with my husband & me in Nov 2008; she has had no income since Dec 2008 – we file married jointly – can we claim her as a dependent? She isn’t required to file taxes since she receives no income.

  • JO NORMAN MCCORKLE

    Can we claim my 87 yr old Mother who lives with us if her only income is her social security of $765/mo? My husband & I file married jointly.

  • Raschelle

    I am in my second marriage. I have two children from a previous marriage that the judge awarded me Primary Parent on December 1, 2009. From January 1, 2009, til December 31st, 2009, they spent 184 days in my home and I covered half of their living expenses not including child support. I would like to know if the other parent claims the children as dependents, could I still claim them on my taxes? If so, in what regards can I do so?

  • Sandy

    My son graduated, last May and will be graduating this coming May with another degree. He is a fulltime student and he has no income except for a student loan to pay his tuition and fees. He lives with me 100% of the time. He also turned 25 this past December. Our child custody agreement states his Dad gets him for deduction, even though my son has been living and supported by me. And no child support has been paid to me in 6 years. I guess my question is can I claim my son as an exemption now that he is 25 or can I claim him as a qualifying relative since he turned 25 ? My child custody agreement does not state when the agreement ends.

  • Wanda

    I just received a rejection notice from the IRS for my federal taxes. It appears that my ex husband has claimed our daughter on his taxes. She was 18 years old and graduated from HS in June 2009. She is currently enrolled in college. I did not sign a 8332 form. Is there any legal action needed. Not only does this affect my refund but even bigger issue it takes away her Grants because his income is higher.

  • matteo

    I have a court agreement from 2003 that reads that I am able to claim the child in even years and the mother in odd years. My interpretation to this is that the entitlement to claim the child as a qualifying child is clearly defined for specific tax seasons. Second, the court’s provisions overrule any IRS stipulation because the IRS tries to make their system unaccountable through their “mediational” rules if their is disagreement.

    The mother and I have been claiming the child, like with how I have interpreted the provision to you, until the most recent year I was allowed to claim her. She had filed her as a qualifying child and now the IRS has rejected my child as a qualifying child. Without consulting with an accountant, I can clearly see as to what information an accountant would use as evidence for either party. My question to you is if two parents, whom have joint legal custody, are provisioned by the courts an allowance of claiming the child as a qualifying child and the other parent is allowed to only claim the child on a different year, is the parent whom files the child on their non year in the wrong?

  • Jason

    My question is my ex lost custody of my son in October 2009. I have a new court order saying that I have sole physical and legal custody. The original divorce decree states that this would be her year to claim him but he has lived with me for well over half the year due to her substance abuse issues (which is also why I have full custody). The new decree does not spell out specifically anything about taxes just that he is to live with me full time and I do not have to pay child support. Well my ex claimed him this year even though he lived with her for less than a month and she does not have custody. I feel like he should be mine to claim as she lost custody. Who’s right and if it’s me what do I do?

  • Tiffani

    My question is similar to Matteo’s (above). However, I am the mother who wants to claim my son even though our 2004 court documents have the non-custodial parent claiming him every other year. I’ve never signed a 8332 form but I’m not sure that would apply. I only ask this because his dad does not keep him on his visitation nor does he support our son as agreed. If I were to claim him anyway with proof of support, daycare, benefits, and housing would this override our court documents. I would rather get fined by the IRS than spend a fortune in court with no results.

  • matteo

    Tiffani,

    I can tell you that if you can prove, through various ways, that what you are saying did occur, I would speak to a lawyer as far as what various things could potentially happen. I can firmly tell you, however, If you did file the child on your taxes during a said year for the father, the father could in fact take you into court for being in contempt. You would then have to prove, through substantiating evidence, you are not in contempt and that the various facts about the father’s reluctance did occur. You would then be awarded by the courts that your were not in contempt and the father was disallowed the said provision due to his reluctance to fulfill factors that would prove supporting the child. This is just my law abiding opinion and fair interpretation of your concern, but I am sure there could be other things someone else would inform you with.

    If you cannot prove your claims, and you did file the child when you were not supposed to, you have the risk of not only paying back the credits applied during that tax season, to the IRS or the father, but found in contempt which is not a good scenario.

    A respectable tax accountant told me the following:
    No one here is going to try to interpret a court document that we have never seen. Also understand that the IRS is not bound by the court document, you are.

    In my state, to process an order to show cause for contempt of court has no fee. You could speak to a lawyer through a free consultation relating to what you are stating too?

    • Tiffani

      Thank you for your input. I’ve never been in contempt and I’m sure I won’t start now. I have talked to plenty of lawyers who by the way charge $300/hr and up for any services beyond free consultation and have more than enough proof to prove years of contempt. But after researching I can’t find any other way to modify or process an order for contempt without a pricey lawyer. In my previous experiences with lawyers and courts regarding this matter I ended up with a financial burden in addition years of conflict. I was hoping that the 8332 form (I’ve never signed) would be a legal way for me to go forth claiming our son. However, it seems that this is not possible without it getting messy.

      • Elizabeth

        Tiffani
        I am in the same boat as you. My divorce agreement states that my ex can claim every other year if he is caught up on child support. The child support division states he was cought up Jan 6-2010.My ex is stating that he was caught up Dec 31,2009 .My son is now 13 and his father just now got caught up on his back support.He has never paid any extra towards doctor bills,school or clothes. I am also trying to find an attorney to try to get it to so I can claim my son every year. At the time of my divorce I only agreed to the every other year because he was paying so much in child support.Since then my ex has taken me back to court and his child support was cut in half.I feel if we are taking care of our children and the fathers do not contribute that much why should thay get to claim the children on their taxes.Its frustrating.

        • Tiffani

          Elizabeth-
          It seems by now the “system” would have an easier affordable process to help responsible parents who are not at fault. I don’t understand if there is a court order in place then why an attorney and court cost are necessary especially when there is obvious evidence to show the agreements are not being met. My son’s father is not only supposed to carry health insurance but pay 50% of all cost pertaining to our son like sports, school, etc which he does not. However, I do get child support only because it’s garnished but when he swaps jobs (often), I have to go through an attorney to establish his employment which takes time and money. In the meantime I’m not getting child support so I have to figure out how to pay court costs. What’s the point of these court orders if we don’t have to abide by them? The last time I tried to modify child support (he was in contempt), it turned into another three year court battle and the outcome was basically the same as before because I couldn’t afford it. I’ve been in court off and on for ten years. My son is 10 btw. In the beginning I initially agreed to certain situations because I was young and not properly informed nor did I know how the future would carry out as far as his father’s actions. I’ve paid thousands of dollars to not one but two attorney’s who could have cared less about us and keep in mind I was a single mom working two jobs and going to school. So I paid with my tax returns. Being older now, I have several friends in the same situation and I can’t give them any advice or encouragement except to not let it ruin you. It’s incredibly sad and heartbreaking. Thanks for sharing your story Elizabeth. I wish you well!!

  • Donnie

    If my X girl friend claim my son for taxes. and we have legal joint custody of him. Am I entitled to half of the child credit

  • Roland Starks

    Hello, My wife and i are currently seperated i want to know once we are divorced can i still claim 2 of our 4 children on my taxes as i have been since they have been born? she now lives in another state. I also want to know can she let anyone other than me claim the kids just being spiteful? if not what questions or demands can i ask for in our court hearing which i go to see the lawyer next month to file for a divorce? Help please Thanks

  • Tanya

    My husband and I have always claimed his 2 children from previous marrige on our return, The ex has always let us because she has 2 children from another marrige that she claims. This year with the new tax law she claimed another one of our children so she could get more back, We have already filed claiming both children but the ruturn has not been accepted yet (new house credit takes longer) What is going to happen now? ( her taxes have already been accepted and money spent)

  • Amanda Jones

    My ex husband and I alternate years claiming our son on our taxes. This year is his turn. Can I still claim the daycare expences that I paid even though I don’t have my son listed as a dependant? or is there a way to add him as a dependant and not get the child tax credit? Please advise.

  • Helen Staples

    I am divorced and have two sons, ages 22 and 20, who live at home with me. They have only worked part-time the entire year and the total made among them is less than $2500. They do not attend school. I have supported them the entire year. Can I clain them as dependents on my federal income tax form?
    Thanking you in advance.

  • Dawn

    In Feb 2009 my 16 year old daughter moved from her mothers house to reside full time at my house. The child support order I was paying was cancelled. My 16 year old stays overnight with her mother 2 to 3 nights per week. In the divorce decree it states that I would claim our eldest daughter and my ex would claim our now 16 year old. Our eldest is now 23 and I have not claimed in for many years. I tried to speak with my ex regarding who should be able to claim our 16 year old since I am now the custodial parent. She would not discuss the matter with me. All financial support for my 16 year old is provided by me and I have not sought child support from my ex. I have filed my tax return claiming my 16 year old and now my ex is claiming to start legal action against me. I feel she has no right to claim our daughter.

    • Elizabeth

      You should probaly get it changed in your divorce decree. I have the same problem it states that my ex can claim our son every other year if he is caught up on child support. He just got caught up after 13 years. Still do not think he should claim him since he has had his child support cut in half and I pay all medical,school,food and clothes.Plus when your child turns 16 you do not get the extra money back for them when you file taxes.

  • K.M.

    My 1996 divorce decree states verbatim: “The parties stipulate to continue to alternate the dependency exemption relative to child with petitioner being allowed to claim child on odd numbered years and co-petitioner being allowed to claim child on even numbered tax years.”

    Does that statment meet the 3 of requirements listed on form 8332 under special rule for children of divorced or separated parents under the exception for post-1985 and pre-2009 divorce decree thus allowing a non-custodial parent to claim the exemption even though child support terminated 3 months into the year and the child has not had any overnights with non-custodial parent in over 2 years.

  • Steve

    I have claimed both of our children on my taxes for the last 4 years. We have had 50% custody until October of 2009. She has claimed both kids on her 2009 taxes. I work and she does not. Do I have a case?

  • Steven Frisque

    My wife and I were divorced in 2003. Our divorce agreement stated that I would claim our son and my ex-wife would claim our daughter for federal tax purposes. No problems until this year when she claimed them both.Her mother,a paralegal, who does her taxes claims new laws allow her to do this.The way I read the law is divorces pre 2008 can still use their divorce decree without having to use form 8228? Even if she could do this,I see the law also states you have to give the non-custodial parent one years notice in writing before you can claim them on your taxes.Example she notifies me for the 2009 year she can claim 2010.This is causing us many arguements and I would like to resolve this issue.Help!

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      The terms of your divorce decree/judgment control. You should claim your son as a dependent and attach a copy of your divorce decree/judgment to your tax returns.

  • margo

    i have been divorced since 1997.we have 2 children he claimed one and so did i .its been that way for 13 years now that one is 18 he wants to rotate the other child. i have solo custody of them both.i have already filed my taxes in jan.2010 and now he is stating he is going to claim her too. what do i do ? i have always claimed her .and he hasntpaid one dime in child support this year.

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      If you have sole custody of your child and your ex husband does not contribute to the child’s support, then you are the parent that is entitled to claim the child as a dependent for tax purposes.

  • Yannis

    A) Can a son claim his mother who has not legaly been separated and she has no income. Mother lives with Son and he provides her full support.

    B) Does the mother has a filing requirement?

  • jacqueline

    My boyfriend had a son in 2009. We live together and he plans to file as head of household as we meet all the requirements. He does not want to claim him as a dependent because his AGI will not allow him to receive a deduction. Can I still claim my son as a dependent even though he claims head of household?

  • Ken Neely

    I just filed my taxes online and it was rejected because it says that my dependent was claimed on someone elses taxes. I found out that my ex claimed our daughter but I have the forms stating that I am the custodial parent and I have the right to claim her because she lives with me. Is there an additional form I have to fill out and submit seperately so I can claim her as a dependent? Thanks

  • annie

    my son’s father lives in CO and we live in NY. He owes me over $4400 in child support. I am the custodial parent. He wants me to claim our son on my income tax and told me that by allowing me to claim our child that will make up for the money he owes me. Is this correct?

  • kaley eging

    My husband attained a divorce without me being present. He not only was able to pay minimal support but add a clause stating that he be able to claim our children on his taxes even though i am the custodial parent and i contribute more than half for their needs. Obviously not being present, i did not sign the decree. How can i legally claim my children and do I have any recourse for the past 4 years?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      If you were never served with the divorce petition your ex husband filed, then you may be entitled to set aside the Judgment he obtained.

  • Pauline

    I am divorced, my x husband lives in California, I live in Louisiana, I claimed my daughter this year on tax return, my x husband says he is going to claim my daughter, I do not want to get audited what do I do now, I have already received my tax refund. I feel I support my daughter just as much as he does

  • Lynn

    I have a daughter. Her father and I have joint custody. I work and have always had income. He has no income and hasn’t for several years. He has been the one claiming her for the past few years or at least his wife has. They have been married for several year and so have I. I claimed her for my 2009 taxes and he wants to claim her for the 2010 tax year. Can he do this if he has no income? Or can his wife if she is the one with the income in their household?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      If your ex husband and his wife file joint tax returns, then his wife’s income will be joint income.

  • Shane Burkeens

    I have claimed my sons, who don’t live with me, on my taxes for about 4 or 5 years now with their mother verbal permission. Last years tax season (2008) H&R Block did my taxes, as they have for several years now, and I claimed both my sons. Which one lived with me for 6 month the other did not. I got earned income credit for both children. Then the IRS sends me a letter for an audit wanting me to prove that both kids lived with me. Of course I could provide proof for my oldest cause he didn’t live with me but I sent them a copy of his school records and a letter from my youngest sons Doctor stating that my youngest according to their record did live with me. Now the letter was hand written and sign by the doctor so they would not except that as proof. At this time I payed child support directly to the kids mother and we agreed that since one son live with me that I’d only pay half of the court order child support this was from 7/08 through 01/09. She also put down on our receipts that I pay full child support for both kids during this time so that the state wouldn’t charge me for paying only half and I agreed that was fair. Now I’m faced with the IRS wanting their money back plus $1500 self employment tax plus interest cause I have no child to claim for 2008. I haven’t even filed this year cause of the same reason and everything I make is cash and no paper trail. I want to file but if I do I know I’ll just owe more money. My question is can I still claim both kids cause their mother don’t work and will let me claim them for 2008 and 2009 and what do I need to do?

  • Peggy

    My son is going through a divorce. His wife’s attorney has stated that if he claims one of their two children on his tax return and gets a refund his child support will go up, and even though if she carries both children and gets a large refund, that won’t affect the payments. Is this true in the state of Tn?

  • Cathy

    Can I still get Earned Income Credit for the one child I can’t claim as a dependent? I have 2 other kids that I’m claiming but I can’t claim my last child as a dependent because my ex is claiming him.

  • Jeanne

    Hello. I have been divorced for 8 years. My ex and I have joint legal custody of our 4 children. I have primary physical custody with my ex having weekly visitation. While I don’t have the specific terms of our divorce decree in front of me, it does state something to the effect that we split the children for tax purposes until they are no longer able to be claimed. My question revolves around whether or not my ex can claim the college-aged children since he was only required to pay support through their high school graduation. If my 2 college aged children receive no support from my ex and they both live with me during the summer and during their college breaks, is he still eligible to claim them on his taxes…or….did his right to claim them end when they graduated from high school and he no longer pays support?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      If your college aged children are being financially supported by you and reside with you during school breaks, you are the parent entitled to claim them as dependents for tax purposes. You should review the terms of your divorce decree (judgment) to be sure that you did not reach an agreement otherwise.

  • riley

    my wife and i have been seperated in calif for one year now. we have two children and have 50/50 custody. they lived in both households the same amount of time. she took it upon herself to claim both children on her taxes for 2009 tax year. i did not sign anything to agree to this. is she allowed to do this or will she have to repay me for claiming both children?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      Since you did not have an agreement as to which parent would claim the children as dependents and you have equal custody, your wife was able to claim the children for the tax year 2009. I would advise that you sign a written agreement with your wife that you will claim the children as dependents in alternating years; which means you will be entitled to claim them for the tax year 2010.

  • laura

    my sons father claimed him this year for taxes, he hasnt seen my son in five years . and was court orded to pay health insurance. we live in fl he lives in az.my husband has paid health insurance,for my son. do i have a right to fight and report it to irs?

  • John Surabian

    My question is similar to the one above. I have had 50/50 split with my child since me and my wife seperated (There was one month she left the state without permission, and i had to get a court order to get her back here. Im not sure if that would count against me?). She currently claimed our daughter (we have not reached the point to make any tax agreements yet) but when checking the IRS laws i see if 50/50 custody is in place, then the higher AGI will actually be able to claim the child. She did not work for more then half of last year (she got a job for the first time in years in june, at $150 a week) and was even trying to get me for child support in court. Obviously this is going off last years income so i see hers being minimal, barley breaking 5-6k while im way past $10k. Will i be awarded the claim since my total AGI is higher? Could she get in trouble for making that claim?

  • dave l

    My divorce settlement states I can claim my son as a dependent on my 2009 federal income tax. My son is 20 and a full time student in Florida. I have provided for most of his living expenses in 2009. During breaks from school, my son spends time with friends, his mother and myself. My tax return was rejected by IRS because his mother claimed him as a dependent. Can you estimate my chance of successfully claiming my son as a dependent, if his mother says he spends more time with her during his time between school semesters?

    Thanks !

    Dave

  • Mandy

    I have a Tennessee parenting plan that states I must send my ex a copy of my federal return every year. If I file jointly with my current husband, but I have no earned income, do I still have to send copies of our joint federal return to my ex? Also, could you direct me to a credible website that will advise me o the answer as well?

  • Jane

    Our Minor son turns 18 and has a settlement from an auto accident that is in Guardianship which his mother is over. What happens when he turns 18? Does the account that is already set up automatically go to him or does a paper need to be filed with the courts. The problem is his mother is trying to withhold the money from him even when he turns 18 and saying until she (the guardian) files a form with the courts the money is not his and she does not plan on doing that when he turns 18

  • Cinzia

    I have a six year old daughter and am divorced. Can my ex husband claim her on his taxes as a dependent and I claim her on Earned Income Credit? We have joint custody.

  • Amber

    I have joint custody of my 2 kids and in our court order the kids are split 50/50. There have been times where I have taken the kids on his time over night or take them while he’s working. My ex makes more money than me so now i have to pay back from 2008 and 2009. Is there anyway to prove that I’ve had the boys 51% of the time? Also even though it’s 50/50 I provide everything for them w/out receiving any support from him and i’ve also saved receipts.

  • DANA GODDARD

    ME AND MY EX SIGNED AN AGREEMENT STATING TAHT WE WOULD DTAKE TURNS CLAIMING MY CHILD EVERY YEAR HOWEVER I AM NOW REMARRIED AND MY NEW HUSBAND SUPPORTS HER AND HER FATHER BARELY EVEN SEES HER HE HAS BEEN AUDIED BY THE IRS TWICE NOW I WOULD LIKE TO HAVE THESE PAPERS MADE TO WHERE HE CANT CLAIM HER ANYMORE HOW DO I DO THIS AND CAN I DO THIS

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      You will have to enter into an agreement with your ex spouse that provides that he can no longer claim the children. If your ex spouse will not agree you will have to obtain a court order.

  • Daniel

    What would happen in the following situation:
    Parents were never legally married – for all of 2009 the parents lived together with the child (2 years old) with one parent (father) providing for the following expenses in their entirety: apartment rent, utilities, telephone, car. However, the mother has refused to supply the father with the social security number for the child. What are the father’s rights?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      Whether or not parents are or have been legally married has no effect on each parent’s parental rights. In this case, father should file a motion to establish joint legal and physical custody and to establish a visitation schedule.

  • Larry

    After reading the post above I am glad to say at least my divorce decree speaks to who can claim our child on what years. I am in TN. Curious as to your thoughts related to this question. I didn’t see it posted above. My decree states through out the whole document as to the father having certain scheduled times / visitation / holidays etc with the child during even yrs and the mother during odd years. When it speaks to child being claimed as a dependant it say the same thing. Father EVEN years / Mother Odd years. It doesn’t speak to a Even or Odd “TAX” YEAR. This is a even year we are in at the moment . April 2010. We would be filing for a ODD tax year. Since the document doesnt speak to how even and odd applies to a tax year does it make sense that that the father claims the dependant in a EVEN year for a odd tax year and the mother cliams the child in a odd year for a even tax year.? Your thoughts ?

  • Jovan Alicea

    My husband and his ex-girlfriend have a 5 yr old daughter, (Roselyn) he has been claiming her since the day she was born. Her mother (Vivian) does not work, he is an Active Duty member of the Armed Forces and has provided for his daughter every way needed. He never legally paid child support, however, they verbally have agreed to share custody as long as he continues to provide all that she may need. This year her live in boyfriend has claimed Roselyn with so much as asking her biological father. Now I believe both parties are going to be Audited and Investigated. I wanted advice in how to handle this, and is this a case my husband could win?

    I look forward to your response, Thank you for your time

  • Diane

    Hi my question is as follows. I have a son who is 15 (at home with me mom) and a daughter who is 20 (she no longer lives at home with me mom) there dad and I never were married, and we have not been togethere for 10 years. I always claimed my son and he (dad) always claimed my daughter and we never had anything in writing from the courts stating who claims who ,it was all verbal through the judge that I claim my son and he claims my daughter. Well for the last 5 years We have lived with my Boyfriend who provides for us and I have let him claim my son and I, until my son’s dad last year without telling me decided to claim our son on his 2008 taxs. My son only goes to his dad’s place 4 days every month which is every other weekend so he lives with me and my boyfriend majority of the year. I wanted to know what I can do about this. I was told by someone that he (dad) should have had me sign form 8332 before he filed a claim and he did not do this he just went and filed as fast as he could, we are from NJ. Please any advice would be Greatly appreciated Thank You

  • Brad Driessen

    My 3 children lived with me more than one – third of the time last year. Yet they all lived with their mother more than half the time. I feel entitled to at least one exewption on my taxes. Last year she agreed to allow me one of the children on my tax return. This year she changed her mind.

  • marcia

    I was divorced in 2008 at that time my ex claimed that he wanted to have one of our sons as an exemption as he could not claim his rent. The mediator agreed with him and I have since found out that he can in Massachusetts. They just said I took the older son and he the younger who at the time was a junior in high school. He is in his first year of college now and I cannot claim all his expenses which I paid for. In 2008 my ex was 6,000 in the rears for child support and has not paid anything since he lefft in 07. My accountant feels I need to go back to court to change this and file for an extension. Do I qualify for this to be moderated when in court?

  • Tara

    This year is my ex husband (per our agreement) claims both children on his taxes. The children live with me in MA most of the year, they visit their father in TX 3 times a year during school vacations. So I have primary custody. Can I still claim the daycare expences that I paid even though I don’t have my son listed as a dependent? or is there a way to add him as a dependent and not get the child tax credit? Help!

  • Alicia Sollenberger

    I attained legal physical custody of children on Sept 1, 2009 even though they have lived with me full time for 3 years. Prior agreement said ex could claim both on his taxes. Who claims for 2009?

  • phillp c. dixon jr.

    yes i have a question? i have been married to my wife from 1998 until 2007 where at that time we legally separated, divorce march of 2010.we have five children. the oldest was born before marriage in the year of 1995.i recently decovered that during many of those years, about ten, she has been allowing family members of hers to claim our children in return for a part of their refund.we have had a off and on marriage for the entire duration. many of the years except for about five years,we lived apart. but, she had her owned residents,only 2or 3 years she lived with a relative for part of the year.can she allowed other family memeber to claim the children over me,although we were technical still marry. and also,can family members surpass me as the father. what can i do about this. can i file a amended return to claim my children that was claim by other family member.can i press any type of charges or complaint. i thought this was considered tax fraud.

  • Marcia Cannon

    Hi,
    I have a friend who is contemplating the filing of a Chapter 7. He recently completed a divorce in June 2009. This divorce left him with a vast amount of debt to include a foreclosured mortgage, medical bills, and credit card bills. Also, I need to mention that he has two children by two women, both of which he pays child support to. Also, I need to mention, that he has not filed any taxes in a few years. In speaking with various bankruptcy attorneys some have suggested that he file taxes for the missing years and include the social security numbers of the dependent children even though neither child resides with him. Some of the attorneys are stating that this is necessary in order for him to qualify for a chapter 7 bankruptcy and he can deal with the ramifications of using those social security numbers on his taxes down the line. I am concerned about this advice since both mothers claim both children each tax year and this will obviously present an issue. Can you provide some quick reference or advice on this….

  • aminta franco

    okay this is my story.

    I am married but am currently seperated from my wife. she told me to let her claim my daughter from another marriage and that she will give me some of the money. i let her claim my daughter and now she tells me they never gave her the money for claiming my daughter. How can i find out if she is lying to me or if she really did receive the money for her?

  • veronica

    Can a parent who does not live with the child but has joint custody claim the children on his taxes if the mother is illegal and cannot claim them? If the mother gives him permission and then gets pissed off because she wants the parent claimng the twins to give her more money on his tax return can he get in trouble with the law

  • erin

    My husband and I are separated. I have primary custody and provide the majority of the financial support. We have 2 children he claimed my son without discussing it with me. Can i still claim him on my taxes

  • Ken

    My wife and I are divorced. The divorce took place in Arizona in 2003. I pay child support and medical insurance. The divorce decree states that I can claim the child in odd numbered years. This year my ex-wife claimed our son on her taxes. I called and told her that it was my year. She said that he lives with her and she is claiming him. I told her that per our divorce decree, the judge granted me odd numbered years. I sent a letter and copy of the divorce decree to the IRS. Will the decree help me to get my refund? If so, will she have to repay the money?

  • keith

    Hello, I am soon to be divorced. I was handed 35% custody of my 3 children on Nov. 17th. 2009. There is nothing on court orders YET saying who can claim or not claim or how many etc… So this year my ex wife claimed all 3 kids,,,,my CPA said she cant do that its not legal. Since there are no court orders and I am paying child support, “supporting” then I can claim 1 child she can claim the other 2.( this year or until there are court orders)
    Is this true, from what I have read above there seems to be some conflicting responses on this.

  • Joe

    Can I legally claim my children on my tax returns. They stay with me on weekends. I pay 25 percent of my income in child support in addition to buying their clothing, class trips, braces etc… My ex wife does not work and has three other children. Her current husband claims all the children. What can I do?

  • nikia harris

    Can I file my daughter on my taxes even if she doesn’t live with me?

  • Maryjo Rose

    In the case of divorced parents where the mother has primary custody, but does not work, and the father does work while providing child support, can the father legally claim the children as dependents simply because the mother does not work? Thank you.

  • courtney

    i have a judgement that states my ex can claim my son every other year. I have claimed my son since he has been born. and now its a fight who is to claim him this year. I pay for my childs school that is about 350.00 a month and the expenses for my son. The daddy just pays me 300.00 a month i just need some advice where to go with this situation. will i get in trouble if i claim my son this year? Thank you very much courtney

  • andrea means

    I am filing for divorce and the only statment that i do not agree with , is the father claiming the child tax credit on the odd numbered years. I will be the custodial parent and will share joint custody. I do receive child support payments , but the child lives with me full time. I actually makes considerable amount less than my ex husband, and depend on that exceptions yearly? any feedback

  • Karry

    can my girlfriend claim my children on her taxes if they live with us and i have custody but not working, she also provides for them?

  • nicole

    so my daughter lives with me 291 days a year my x want to claim her on taxes.. we have a court order saying he can claim her every other year if he is curent in child support.. i recive ssi for my daughter who is disable also i have full custody! can he claim her??

  • concerned sister

    My brother and his Ex share joint legal and physical custody of their daughter. Last year his ex moved out of state for a voluntary military deployment and left her children behind. It was her year to claim the child but the child was never in her custody. Legally, can she claim her?

  • conrad

    simple question, i know i can claim my child… but my ex gets government financial support ie. financial aid for daycare food stamps wic…. for the past 3 years (my daughter is 3) my ex has been claiming our daughter. if i claim her next year, will my ex lose her government support?

  • marcia

    I am new at this site and have seen many questions asked without a response. It apprears there are many of us custodial moms out there that need answers on how to modify a court order with the non custodial parent claiming dependents that do not live with them, are behind in child support and other expenses, and are unable to claim college exepenses which we have paid for. Are there any laws supporting us to amend this court order?

    • http://myfamilylaw.com/ Jeremy

      Hi, Marcia. Thanks for your comment. Although we make an effort to provide basic answers (for free) to some comments and questions on MyFamilyLaw.com, please understand that only those who pay (ie: on the ‘Ask a Lawyer’ page) are guaranteed a response.

      For convenience, anyone who leaves a comment (using the comment form below) may simply click the button that says ‘Post Comment & Request Lawyer Reply’ which allows you to submit your comment and pay for a guaranteed response. Thanks again!

  • margaret

    My ex and I have four children. About six years ago he walked out and never looked back. When we were together he claimed two children and I claimed two. I tried unsuccessful for years to file my taxes before him so I could claim all four but he always filed first. However this year I filed first and claimed all four children my children have always lived with me. He pays child support but one of the tax questions is if the child has resided with you goo twelve months. He want to file his taxes and was very upset that I claimed all four now he wants to go to court for custody. My question is does he have a legal right. We don’t have a custody agreement right now. But again my children have lived with only me all their life. Please help.

  • Tina

    Can I put my 23 yr. old son my medical insurance even though I don’t claim him on taxes? He lives in a different city and is not a student? They don’t offer health care where he works.

  • Michael

    My wife and I have not been together since November of 2008 were not divorced nor are we legally sperated. I am in the military and left my permanent duty station of san Diego to mississippi for a period of 5 months April 09 to September 09. I support my wife and 3 year old with 1100$ a month yet now I’m being told that after I have gotten my tax return that she can claim him. We are still not together but no legal action has been taken. Can she still claim him even though she works part time at a minimum wage job? What do I do about this or am I just screwed?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      The parent who has the majority of custodial time is entitled to claim the child as a dependent on their tax returns.

      • bullchit

        american law defend only money, doesn’t think what could be happened in family. most children live in povrety , most moms don’t care, they only are making business even sell the social. if a mom has 3 children for 3 dads 3 child support come on . the kids are crying help, the momn kick their dads just to make money.

  • Deb

    My husband and I separated 3/1/09 and are in the process of divorcing. Without consulting me, he filed the 2009 taxes as jointly, and kept the refund. What can I do? (Our 4 kids live with me.)

  • Robin

    My divorce agreement in 1998 stated that my exhusband could claim our son on his taxes and he has done so. In 2007 my exhusband took me to court to remove my son from child support. Is he still entitled to claim him on his taxes? The son lives with me and is 22 years old and a fulltime student. I claimed him this year and my exhusband says that I cannot do this and has reported me to the IRS. Any advice is appreciated.

  • bernard

    can my wife drop the insurance on me and my kids we have been separated for 4 days? they are her stepkids?

  • Tracey

    My ex-husband and I have 2 children. In mediation when going thru our divorce, I agreed to let him claim one child on his taxes and I claim our other child. Due to certain circumstances, I requested the courts to overturn that and I would now like to claim both children. Is there any laws to support my request?

  • iolanda

    I have been married 10 yrs and divorced 8 yrs now.I have a 14 yr old son that I am the primary care taker of.I pay for his $8k private school,clothing,food,and his entertainment.Hes my pride and joy.i have joint custody and my ex doesnt even pay $500 child support which hes mandated to pay.He tries every year to claim my sons tax credit which he is not entitled too.the irs gave him my check and i need to show proof every year .Is this fraud and can i put him in jail?Can i make him stop this?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      Unless there is a court order or agreement granting father the right to claim your son as a dependent on his tax returns, the parent who has primary physical custody or the majority of custodial time should claim your son as a dependent.

  • tonja bounds

    wondering since my sons mom does not work…can her new husband claim my son on taxes…She refuses to let me? It doesnt say anything in our serperation papers on the subject…but she doesnt even work???

  • Nathan

    I have received a letter from my ex’s attorney. She is looking for compensation for medical bills for 5 1/2 years for my son. I have always paid for child support and was paying for his medical insurance until 2003 when I changed jobs and could not get health insurance through my employer. I have since opened my own company and again have to pay health insurance in full if I want it. She is looking for compensation from 2003 until 2007. What are my legal rights and should I seek an attorney for myself?

    • Robin

      Athan, You are responsible for your child’s insurance even if you work for yourself. You have a to take a policy on the child and pay half his medical expenses that the ins. does not cover, no exceptions and judges are not sympathetic to you about being self employed.

  • Nick M

    Could this possibly be more unfair to the parent paying child support where the other parent has no income? “Dependent” in non-IRS usage means the children depend on me to provide all of the money they need, yet because they don’t live with me, but do live with their deadbeat mother, I can’t claim them as dependents? If I can’t claim them as dependents then they must not depend on me for their expenses, right? But they do. How can anyone justify this?

  • Jake Lockwood

    My daughter was born 6/13/09. My girlfriend and I lived together from 6/12/09 date through 12/31/09. My girlfriend works full time and I work part time so I have been the babys main caregiver. In January she announces to me that she claimed the baby on her taxes as head of household for 2009 and was getting a huge refund and I deserved none of it because she was the one that worked although we did not have a sitter as I was the primary caregiver. Can she do that without my permission? I felt helpless and did not make a complaint and did my tax return for 2009 without claiming the child. I have proof that we lived together that entire time. Can you give me some advice? I have been thinking of filing a complaint about it.

  • Marissa

    If my son’s father claims him as his dependent on his taxes, will I still need to claim him when I file my taxes? which tax form would I then submit.

  • Kathleen Ortiz

    My ex husband & I have a separation agreement wherein we agreed I would claim our son (now 17) and he would claim our daughter (now 18) on taxes, “until the issue is resolved, if need be, by a court of competent jurisdiction.” The agreement did not specify an age of the children when this would cease. We had shared custody, so no support was paid either way. He has now announced he is not going to pay anything towards the 18 year old’s college expenses (she just graduated from H.S.) When I said that I should then be able to claim her as my dependent, and get the benefit of the tuition I will be paying for her college, he said that I couldn’t because the agreement said otherwise. We live in VA. How long does the separation agreement (which was incorporated into the divorce decree) remain in effect for purposes of the dependency claim? Is there any way I would be able to claim her tuition expenses even if he doesn’t allow me to claim her as a dependent?

  • Patrick

    I am 18 years old and have always lived with my mother. I started working November last year (part time) for some side cash. I do not talk to my father and we do not have a good relationship. My mother (has full custody) did not claim me because she wanted me to claim myself so i get my own money back in tax returns. My father instead claimed me and took my tax return money (he pays child support, his 2nd year paying). It is now late June and i’ve been working for over 6 months and my mom helps out with finances. I have recently left my job to spend the summer with her and my family before i leave to basic training in october. From then on I will be living by myself and my mom will stop the child support right before I leave in october. I am worried he will try to claim me again. This time it’ll be much more money. Will he be able to claim me or will I be able to claim myself? (I live in the state of New Jersey).

  • Amber Brooke

    I have shared parental responsibility of my son however per our settlement agreement, I am to provide primary physical care. The agreement also states that I shall claim the tax dependency related to the minors care however for the last two years my ex-husband has kept our son greater than 70% of the year. I have claimed him the last two years but I am concerned he will file to amend that past two years. He just won primary and I have lost child support benefits. Can he amend the past two years returns? Can he use the same proof he supplied in court (school documents, visitation calendar) to validate his claim without my signature or knowledge? Thanks!

  • Wyatt Tustin

    My wife and I were divorced in January (in Idaho) and my son is 16. I am paying $1250/month in child support (which I feel is excessive), and am also paying the mortage (1600/month) on the house in which my ex-wife and son are living. My monthly income is just 3100/month while my wife’s is 2500/month. She pays nothing to me.
    Please advise me on what a more equitable child support payment should be based upon the above information.

  • Jeff Schreiber

    If I have interference with the mother on the weekend that I am to have my child what should I do. He now does not want to come because I have rules and he is 15. He is allowed to do anything at his mothers home.

  • David

    Me and my wife separated in 2009 around tax time when we were to file our 2008 taxes jointly. I lived all year at home with my wife and kids in 2008 and provided more than half of my kids support. My wife ended up filing the 2008 return separately without my knowledge. Now that I am filing my 2008 taxes now separately do I have a right to claim my kids as dependents since my wife denied me the opportunity to claim all or some of my kids or at least file jointly.

  • CJ

    Being seperated from my husband almost 2 yrs now with very little help with our daughter… He lost his job and filed for unemployment and is now wanting to add our child as a dependent so he can “make more money to help”. I clm her on taxes and I take care of her every need… I do not, first of all, want to give him the SSN he is asking for and I don’t think it sounds very legal for him to clm her for unemployment and she doesn’t even see him but once maybe twice a week…

  • Jeff

    If i have the right to claim one of my children as a dependant, and all rights as a dependant, beacause we agreed on that in the divorce decree, can i claim that child for head of household if the child lives with her mother more than she lives with me.

  • Patricia McMahan

    I live in North Carolina, I was told by my ex-husband that I could not claim our son on income taxes if I collected Child Support from him. We have equal shared custody. Is this correct?

  • paula

    I had to move in with my four year old son’s father last year as I lost my job and am just about to run out of unemployment. We are NOT a couple, we live as roommates (and w/ babydaddy’s brother too). We never went thru the courts and he out of the picture the first year, in and out the second year, but eventually he did pay me support but no proof through courts as I said. I want to make sure he doesn’t claim my son on taxes as he has much more money, is in school, while i am disabled and have nothing. I also am with my son almost ALL of the time, and all me and my exes expenses are separated (we split food costs, etc for our son though like I said the daily care is usually up to me). How can I make sure he can’t claim our son?

  • Dani

    Hello I have a 2 year old daughter and I have been a stay at home mom mostly since she was born. She gets ssi which provides what she needs on a daily basis. I live at home with my mother. My daughter has lived with me since she left the hospital. Her dad doesn’t provide half her support and she has never even stayed with him one day and night. This year I had my mother claim her after he had already done so. They both received funds. I do not consent to him claiming her. Because I did not have income for the year I had my mother claim her. Will they both have to repay? Will I have to report it to the irs?

  • dave

    my step son turned 21 in may 2010. as per my wifes divorce agreement her exhusband no longer has to pay childsupport or provide health insurance once son turns 21. Son has always resided with us (mom) and his father always claimed him on his taxes. my question is since for 5 months of 2010 my step sons father was paying child support who gets to claim him for 2010?? or do we split it , how does it work we live in ny
    thanks

  • lynn

    My child’s father claimed him for 2 years now & I have custody of him… I’m just wondering how could they have allowed him to claim my child if I didn’t sign any form & it is not in the child custody/ support decree?? I did report him to the IRS by sending in a form though I did not know his full ss# at the time, but I did not receive anything back & nothing has been done. How can I prevent this from happening again. I have lived with my fiance for 1 yr & a half now & he supports myself & my son & our 2 month old daughter now. He does so much to support us so I think we should have the right to claim my son in our income tax return. Also, what can I do about the income that my child’s father has received from claiming him without having to hire an expesive attorney?

  • Myrna

    My husband and i split October 1. He refused to file taxes with me. How should we have filed are taxes. He filed head of household, claimed our new house, and our children. I have the kids and he has not paid any child support nor does he see his kids. I also paid for their child care the entire year since he said if i didnt i could not work.

  • ryan hunt

    hi!

    my ex wife does and has not worked in the past year we have one child together i pay child support, can she still claim our daughter for tax money even if she hasnt workd at all?

    lufkin, tx
    thanks

  • Melissa

    I have two kids, One is 20 yrs old and a full time student and the other is 15 in high school. Neither one live with me. 20 yr old with her grandparents close by so she can help them out and pay for college and the other lives with his dad. We have joint custody and I pay $550. per month to him because my son didnt want to move from Dallas to Houston with me when I took a job here. Can I claim either one of them as an exemption?

  • Kathleen

    Hi,
    I entered into a divorce stipulation which reads that the husband can claim all three of his children. I would have sold my soul just to have him sign the divorce papers. Well now my daughter is 18 and has been living with me for the past 3 years. She started working but only a summer job. She will enter college in Sept. Full time student. My question is although he has a legal document (divorce stipulation) it does not state how long he can claim the children. Can I claim her for the tax year 2010? I just won child support which started July 1, 2010. That just happens to be my daughters birthday (18). She does not make enough to claim her self and I feel he does not deserve to claim her. What is my legal rights since the stip was vague and it never said how many years he could claim her…..HELP!

  • erica

    I have been separated for the past 3 years and I have finally filed for divorce, during those 3 years i have claimed my 2 child on taxes. My ex states the courts will grant him 1 of the children to claim on taxes, he owes more then $3,000 in child support, takes the 4 nights a month if he takes them was recently sent to rehab for a drug problem does not interact with childrens schoold dr’s appts anything, i pay for he roof over there head, food on the table clothes on there back they have the things they need and it not provided by the father. my question is since he is in the arrears for taxes will the court grant him the right to claim 1 of them?

  • Kim

    My ex and I share our child in a 50/50 custody arrangement. He stays with me one week and his dad the next. We live in Pa and I pay his dad child support of $450 a month (based on our combined income). This last year, his dad and I both claimed him on our taxes. According to the IRS tie breaker, it falls down to who has the highest AGI. His dad has remarried and his AGI on the tax return reflects his new wife’s income. My question is does the IRS include her income and thus give the exemption to his dad. I don’t think it would be right that one government agency (Pa state) does not include the new spouses income for calculating child support and then another government agency (IRS) include it for exemption purposes….

  • carlos ortega

    Me and my wife are separated and have a daughter, I pay over 700 dollars a month for food and clothing for my baby. Can she claim our child on her taxes without my consent and not share the earnings she gets?

  • Jim C

    I am the non custodial parent of my 23 year old daughter. In 2009 I claimed her on my taxes and she is on my health insurance as well. In November of 2009 my daughter purchased a home with my ex-wife. This places her on the deed as co-owner of the home.

    My question is, can I still claim her as a dependent on my Federal Tax Return for the year 2010? This is of importance, because I would like to continue to carry her on my employer’s health insurance plan.

  • jennifer

    I was the sole care taker of my son,he never lived with his father.his father never gave him his last name untikl he was 10.how do i find out if he claimed him without me knowing.

  • Kristen

    i’m 16, and filling out the FW-4 form. Can I be named as a dependant to my mother? This form confuses me.

  • Terri Hammers

    My ex husband and I have joint custody. We live in Missouri and after the decree with the children ordered to live with me and see him every other weekend and one evening a week my ex husband moved where we origionally from, California. He has seen them once in a year. The judge had said he could claim them. I have asked him to let me claim them to help me care for them but he refuses. What can I do? I have 5 children. My two oldest boys are now living with my ex’s parents along with him. No rules with my husband and my boys are allowed to do whatever they want. For boys 17 and 18 they love no rules and hanging with their dad and being able to smoke, drink and whatever else. Anyway is there anything I can do?

  • Michele Lewis

    IS THERE SUCH A THING THAT ONE HAVE MADE TO MUCH MONEY, TO CARRY A DEPENDENT? WHAT IS TO MUCH MONEY? I HEARD THAT SOMEONE CARRIED THEIR DAUGHTER, HIM AND TH WIFE ARE DIVORCED. THE EX WIFE GAVE HIM PERMISSION TO CARRY THE DAUGHTER ON HIS TAX RETURN, BUT AFTER HE FILED, HE WAS TOLD THAT HE MADE TOO MUCH MONEY TO CARRY A DEPENDENT. IS THERE ANY SUCH THING AS MAKING TOO MUCH MONEY TO CARRY A DEPENDENT?

  • christina

    if the non-custodial parent is court ordered to carry the heath insurance and the kids DO NOT live w/them or see them can they claim the kids on their tax return?

  • SLK

    My husband has a signed 8332 form from his ex-wife. Original divorce decree does not designate who claims the 2 children so he claimed one and she claimed one until she got the child support upped where he pays 80% of the support, agreement was he claims both for 3 yrs(one turned 18) and she gets the one for the last yr they can be claimed. Mother threatened to claim the children in 2008 since she stated he was in arrears(husband had an overpymt). Now receiving a letter for IRS that she did clm children and we need to prove our dependents. How is it determined if a parent is in the arrears and cannot claim the exemption? Does this have to go to a court or does the IRS conduct the determination? When adjusting support to take one child off, adjustment was made for the overpayment but my husband also let her have an extra 700.00 which was listed by the Child support officer as arrears for 3/07. Can the IRS use this to state we cannot have the exemptions and then we would have to go to court to prove it was not arrears?

  • nikki

    What do u think the outcome would be in court about my sons situation? He has recently left his girlfriend, they were never married, they have two kids together. She is on Social Security/ Disability, when my son works, she is taking my son back to court to update the child support that has already been established about two years ago. She is asking for $100/ week and also half of his income tax, so do you think she will get what she is asking for or, is it unreasonable? Also she told him if she doesn’t get what she is asking for then he won’t be able to claim his children, can she deny my son to claim his children when she don’t work?

  • Lola

    Husband and I are divorcing after 22 years. I have been stay-at-home mom, and he has worked and provided the health insurance through his work to our family. I will go on COBRA after the divorce. The kids are full-time college students (19 and 21 years-old). The kids live with me when they are not at school.

    My husband says that he MUST take them as dependents upon his taxes, because they are dependents on his health plan at work.

    Is this true, or can we each take one kid as a dependent on our taxes?

    Thanks much!

  • Ms.L

    My boyfriends mother claimed him even though he lived with me for 5 months and before that he stayed mostly with his father and only lived with her a couple days a week, she didn’t buy food for him most of the year because he was always either at work or at his fathers house. If she already claimed him and received the money is there a form to fill out against her and get that money back? We live in MA and he was 18 when she claimed him.

    • Anthony gallo

      My question is for a friend who has a19 yr. old daughter doesn’t work or go to school. Father has custody all the years. Now daughter calls and tells me boyfriends mother is claiming her states she lives there wrong resides with father but comes an goes when she wants aunts godmother boyfriend friends etc. father has the right to claim her but boyfriends mother already did what can he do to get her to pay for doing this the daughter would do anything the boyfriends tells her to do.. Help this father please …..

  • michael

    My daughter is 11, and has been in Arisona with me for 54 days and is supposed to return to Michigan, she doen’t want to return to Michigan wants to live in Arizona with me. I have Joint legal custody and shared physical with the mother having primary residence. what can I do to keep her in Arizona

  • donna

    My daughter is a full time student. She came home last year for about 2 months total and lived some time with me and some time with my husband ( we have been separated for 9 years). He pays for her college expenses. Can he legally claim her as a dependent? She is 21 years old.

  • Beth

    I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his.

  • Beth

    I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his. I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his. Cancel

  • Sascha A

    My son’s father and I have never been married. For the last two years we have done the “joint custody” (biweekly) verbal agreement and we have never been to court. Every time my son goes to his father’s something comes up and he comes home (to me) early. I have claimed our son on my taxes each year because of this and because he hasn’t had a job since I was pregnant. This year his father stated that he is going to claim our son no matter what, because it is first come first serve. I disagree with this because he hasn’t been great about getting our son every other week as we agreed previously. In fact, he only saw our son a total of 23 hours for the month of August. My question is, how can I prevent him from claiming him when he clearly hasn’t provided anything for our son? What can I do to keep him from gaining from his dishonesty? I can’t afford a lawyer… I just lost my job and Im currently a full time student… Do I have any other options.

  • Tiffany Menke

    It is stated in my divorce decree that my ex can claim our two children as dependents (they do not live with him) with the exception” that I shall have the right to claim the children as dependents for any year that HE cannot claim the children due to IRS regulations.” What exactly are these regulations? Do I have a right to claim them instead of him?

  • father F.

    Hi!
    I am the biological father of my daughter(we never been married with mother of my daughter). Now the mother of my daughter returned to her husband and lives with him. Our daughter (10 months old) lives with mother’s grandparents in another country (not US). Now she and her husband want to claim my daughter on their tax return though they have not sent any money and my daughter does not live with them. I was sending money overseas half of the year, then they refused to take money from me I guess so that I do not have rights to claim.
    my question is: can theyl legally claim my daughter on their tax return even if daughter does not live with them neither with me and there is no custodial agreement?

    thanks in advance

  • STEPHANIE

    If my boyfriend’s ex-wife claimed their two kids on her 2009 tax return, can my boyfriend claim atleast one child on his 2010 tax return??
    Thanks!!!

  • ella

    me and my husband are seperated not legally but seperated. we have a daughter and she stays a week with me and a week with him. i have claimed her on food stamps and medical and he has recently done the same. will my benefits be effected. and is anything going to happen legally? ( the people at the food stamp department doesnt know she lives off and on)

  • Jeremy

    I am the non-custodial parent and have joint custody. In the divorce decree it is stated that I am allowed to claim both of our sons every year beginnign this next tax season. My ex-wife is the custodial parent, but has outstanding education loans and her refund always gets garnished and paid towards those debts, thus we decided that I would claim the boys. There are no stipulations that I have to give her any percent of the refund.
    I am about to move from Ga, where she and the boys live also, to Texas with my new wife. What problems will this create for me, because they will be living with her more than me, yet over half of their support will be from me, because she does not work. She receives support from her previous Ex for the son she has with him also.

  • Seanrg

    My ex- girlfriend and I have a son together who will be 10 in December. We have joint custody of him. She has not worked at all this year. She has strickly been relying on my child support, welfare, food stamps, and her parents. Her husband does work, but he’s a cook, so he doesn’t make much. Since our son has been born my ex’s father has been claiming my son. They have lived with her parents off and on for several years. This year I want to claim him, but she does not want me to. In our agreement it does say that she gets to claim him. My question is if she is not claiming him and her father is, shouldn’t I have rights to my son before he does? I do supply half of the support. Will I get into any trouble for claiming him against her will? Is there anything I can do to have rights to claim him? Is it even legal for my son’s grandfather to claim him if he has not been providing half the support and he has not lived there for mor than a few months?

  • Simon

    So taxes are coming up? I have a son and he is with me 50% of the time. The other he spends with his mom. Her and I are not together, so am I able to declare him. He is 1 1/2 years old and she claimed him last year, and I am planning on doing so for next year. My concern is this though All his papers for example, doctor appintments,birth certificate,etc have him living with her. The only thing I myself have that I recieve in the mail to show prove that he lives with me under my address is a copy of a Bank statement that I opend up an account for him. So please let me know thanks……

  • sammie soto

    My friend is on public assistance in NY and is not allowed to claim her children for taxes at the end of the year. She would like for me to claim them. Is this legal?

  • Dania Lomuscio

    My ex husband is claiming our baby as his dependant, i didnt know this and i am claiming her to as my dependant. the baby lives with me she is 9 months now she has always lived with me, he doesnt pay child support and he has NEVER helped the baby at all. I need to know if it is legal for him to claim her and what can i do to stop him from doing this.

  • Cory

    My ex has physical custody of our daughter. Since she hasn’t worked all year and the rest of the year. Can I legally claim her during tax season next year. Thank you.

  • DEE

    HI AM THE NON-CUSTODIAL PARENT OF TWO KIDS,I PAY CHILD SUPPORT IN THE AMOUNT OF 423.00 A MONTH,MY KIDS MOTHER HAS BEEN TURNED IN TO DCF TWICE AND THE KIDS WERE REMOVED FROM THE HOME BECAUSE SHE WAS UNFIT AND KEPT A VERY NASTY HOME.THE POLICE WAS ALSO CALLED TO THE WINN DIXIE PLAZA DUE TO THE FACT SHE WENT IN THE STORE TO SHOP AND LEFT MY KIDS IN A HOT CAR AND A PERSON THAT WAS PASSING BUY SAW THE KIDS SWEATING AND LEFT IN THE HOT CAR BY THEMSELVES MY OLDEST CHILD IS 8 AND MY OTHER CHILD IS 6,THEY GAVE THE KIDS BACK TO HER BOTH TIMES,SHE DOESN’T WORK BUT EVERY TIME INCOME TAX TIME COMES AROUND SHE SELLS THE KIDS TO OTHER PEOPLE THAT DON’T EVEN SUPPORT THEM SO SHE CAN COLLECT HER OWN ILLEGAL INCOME TAX MONEY,I AM IN ARREARS OF A COUPLE OF HUNDRED DOLLARS DUE TO THE FACT I WAS IN THE MILITARY AND I HAD TO WAIT TO COME HOME TO TAKE A DNA TEST AND THE CHILD SUPPORT DIDN’T START RIGHT THEN,DO YOU THINK I CAN TAKE THIS TO COURT AND GET CUSTODY OF MY KIDS OR AT LEAST JOINT CUSTODY AND IF SO IS THERE AWAY THAT I CAN GET THE INFORMATION FROM THE DCF WORKERS THAT TOOK THE KIDS OUT OF THE HOME TWICE FOR THE SAME THING AND SHE IS STILL LIVING AS A UNFIT MOTHER WITH A NASTY HOUSE SO THEY CAN GIVE IT TO THE JUDGE SO HE CAN REALLY SEE WHAT IS GOING ON!!!!WILL THE JUDGE AWARD ME TO CLAIM MY CHILDREN EVERY YEAR ON TAXES SINCE THERE MOTHER DOESN’T HAVE A JOB AND SHE CONTINUES TO ILLEGALLY ALLOW PEOPLE TO CLAIM MY KIDS.I NO ALOT OF THE INFORMATION DOESN’T HAVE TO DO WITH JUST TAXES I AM JUST A FED UP FATHER WHO NEEDS SOME VERY GOOD ADVISE ON WHAT MY NEXT STEP SHOULD BE!!!!

  • Judy

    My daughter has three boys and when she was in mediation with her husband they decided that she could claim the boys even though he was going to pay child support and they have joint custody and they live with her more than with him (only by a few days) When the divorce decree was drawn up it never mentioned who could claim the boys on the tax returns. She claimed them last year. My question is can she legally claim them if they live with her even if it is by eight extras days a year?

  • Nick

    @DEE – you’re being screwed, like all fathers, by the horrible family court system that seems to have one goal – destroy families.

    Family Law attorneys like the ones that run this site can’t help you because they are a big part of the problem.

    Pray for your children. That’s the only thing you can do. The Judges, lawyers, therapists, social workers, all have nothing but contempt for you and for your children.

  • roeneil williams

    Can I claim my gf son if she doesn’t live with me she has agreed to it and we have talked about it I just wasn’t sure

  • roeneil williams

    I wanted to claim my gf son on my taxes since I’m the only one working she has agreed to let me…but he has not lived with me none but I take care of him am I able to file him on my taxes

  • David

    I have a child with someone whom I am not in a relationship with. We live apart and she gets to claim the child as a dependent. I pay for the majority of daycare and my support (just want that out there). I also pay his insurance premium each month (about 160.00). Can I get a tax deduction for paying this insurance even though he is not my dependent?

  • Laura

    Can my boyfriend claim me as a dependent on his tax return? We reside in Colorado, we have a child, and have been living together for 4 years. I don’t work. I do get child support for my other child, who is not his biological child….that income would be $5412/year.

  • cat

    my children did not reside with me 6 months out of the year but i claimed them on my taxes because the divorce decree said I get to. Now my ex says he will turn me in for tax fraud. can he? what should I do?

  • Allison

    HI-
    My ex-husband wants to claim our daughter as a dependent for the 2010 tax year. I told him earlier in the year that I didn’t think it was fair because I have her more than 50% of the time. To avoid an argument I told him that it was fine. After not seeing eachother for 2 years, today he brings up that he is claiming our daughter on his tax return. I did let him know that the IRS would send him a letter asking him to notate how many days out of the year that he had her in his care. I have had her in my care for about 70% of the time. There is nothing in our divorce decree that relates to this topic except that we would split custody 50/50 which did not happen. If I let him claim her, will the IRS catch him in the lie or would I need to file as well to trigger an audit?

  • angela

    i am the custodial parent (and mother) and have three kids..in the divorce decree, it is said that the father can claim one child on tax return…can i claim the child because he lives with me and only sees the father once every other week?

  • Miracle

    I am about to have a baby in december and my “boyfriend” hasent done anything for me yet, but is getting alot of advice from his mother that he can claim the baby as well as i can but i was going to claim my child because i’ve been doin it on my own so is it possible for him to share her with me and also claim her at the same time im claiming her?

  • W Lee

    My daughter is a full time college student who will be 21 and would have been working a parttime job for 1 year when I file my taxes. I’m a single parent thats raised my child all her life and has claimed head of household every year up til now. My question is, “Can I continue to claim head of household when I file since she has a parttime job and still lives at home with me?”

  • Mike

    Hi,
    My ex-wife and I have joint custody but she is consider the primary parent. Can we both take turns on claiming my daugther? I haven’t done all the math yet but she is with me every other weekend and I get her for two months for the summer so I think I we both share an even amount of custody. I do pay child support and I am current and update with payments. Also I pay for extra stuff that is need for school, clothing, etc….

  • Mike

    Hi,
    Can my ex-wife and I take turn filing for my daughter during income tax?
    We have joint custody but she is considered the primary parent. I pay child support and I see her every other weekend and I do get her for two months during the summer time.

  • Anonymous

    My daughter turned 19 years old in April of 2010, my ex has not supported her since this date per our court order. He has been allowed to claim her on his taxes since our divorce in 2011. She worked 2 jobs this summer to help pay for school and wants to claim herself this year for her taxes, will he still be entitled to claim her on his taxes for 2010?

  • jenna

    My husband and his ex-wife split up in 2003, at first she agreed to keep filing jointly. then when he started dating again she went and claimed their 3 kids by herself without telling him. (she at the time was 6 months pregnant by another man which i know is irrelevant, however it does show what kind of person she is.) Anyway the custody has been 50/50 since day one of their split he has also paid support since day one. At first it was not through the court then because it never seemed to be enough for her it ended up going through court. He was at one time paying her $900 a month when she only had them 2 weeks each month. It is still almost $600. Anyway, he has called the IRS because he wants to be able to claim them (he clearly provides more than half their income having them half the time and paying her to have them the other half) each time he calls the IRS someone tells him something new. First they told him that he can claim them legelally then someone else there said no then yes then no ect. The problem is when they tell him that he does have the right to claim them and that he has to send custody and child support papers in and he does it doesnt make a difference. What if anything can he do from a legal stand point? thank you for you time jenna

  • mandi

    if i didnt work this year but i have full custody of my 2 kids will i be able to file a tax return and claim them and get the EIC?

  • Chas

    I am divorced and my divorce decree states that I get to claim my daughter every year. My daughter is 16 and goes to school in Oklahoma, so she lives with her grandparents during the school year. I still pay for all of her expenses. She just got a part-time job in Oklahoma. Can I still claim her and does she mark on her w2 that she is being claimed by someone else or should she have taxes taken out and file her own return? Thank you!

  • mandi

    if i didnt work this year but i have full custody of my 2 kids will i be able to file a tax return and claim them and get the EIC? Can someone please help me out as much as possible with an honest answer PLEASE!

  • Lisa

    Can my ex husband claim our children on his taxes if he owes back childsupport? He was in jail for 8 months of the year which means he didnt pay child support. The DA’s office is preparing to convict him for non payment of support.

  • Marie

    Here’s where I’m confused:

    When my ex-husband and I divorced, we put into the divorce papers that we would claim taxes even/odd years. Since then, he’s all but forgotten about her, but does pay child support. His child support doesn’t even cover her monthly health insurance! My new husband has been taking care of her since she was a small child and the child is an all-star student, sports, etc, etc. Sometimes we’re paying out $50-100 a week just for school expenses.

    Anyways, is it the IRS Form 8332 that has to be signed officially? Can the divorce papers be used instead of the IRS Form 8332? I’m hoping not.

    • Lisa

      I was wondering the same thing.

      We signed the divorce papers stating wewould switch off years, but we didn’t know how things would split up.
      I have our some 99 % of the year, and pay for well over 80 % of his care.

      I feel I am entitled to claim him.

      Does not signing the IRS Form 8332, allow me to claim ?

      He does not meet the IRS filing requirements.

  • shaun

    i am a father of a new born baby and me and my partner split up , i am living back at my mums and she already has a toddler which aint mine. we have joint custody over our child i am in university. would i be able to claim child tax for my baby? whilst the mother will claim for her son, which aint mine?

  • stephen

    i have a question,my wife is been staying at her moms house taking care of her mom and her son her mom adopted when he was 8months old,can i claim him on my taxes,since my wife has been taking care of him since febuary.,mom has been the hospital most of the time since feb

  • penny

    My boy friend has been paying his ex-wife support and daycare.He didn’t go through the county.In his decree it was to be 6000.per year for support and an additional 464 for daycare.(which the state only requested 257)By not going through the county he paid her 3 extra paychecks per year. Every year he has given her $12,000.00 dollars per year.(support &daycare combined) His oldest child started not going to kidstop and the younger one stopped as well.( He has every record and proof of the costs of daycare) The daycare was only $2,400.00,in 2007 He paid her $11,800.00in 2007.He got laid off in November of 2007. So for the 2008 tax years it looked as though he was behind child support.There is a difference between their wages of $3,000.00.She took the dependent for both children.Now the IRS is questioning who gets to claim the children.He has not dealt with it,he is waiting for an audit.The summer he was laid off he had his children half on half off.And paid her the support and caught up.In the divorce decree he had joint ,physical,joint legal custody.But around 4 years ago he and his ex decided that the children stay with her for school issues.He wanted his children back to the half time schedule. She took him to court to change the existing decree so she would have them all the time except for every other weekend and week on week off in the summer. They are now 16 and 14,( she didn’t want us to have them because then she wouldn’t get paid)they went to court and he got every other weekend and half off in the summer.His lawyer didn’t even bring up the records of his overpayment she said it was a custody question really.So the judge (MN) granted her this.Not only this but she has the right to look at his W2’s and bonuses but he doesn’t have the right to look at hers.My question is this,( all the years previous he overpaid her, excluding when he was unemployed.She allowed him to claim the dependent)Can we attach his deposits and daycare costs to the Irs paper and would they overlook it?Last year(2009) he had the dependent.She is now threatning again to take his dependents..She wants to fly her child o Hawaii.To bad the judge or laws doesn’t consider what financial choices the custodial parent makes,and putting the non-custodial parent lively hood in jeopardy.And the judge tripled his support, it is like, attending daycare. He wanted his children but he has to be able to support them and with everything that was order he can barely make it.

  • Kathy Oliveira

    If my soon to be ex is wanting to take turns claiming him every year and is already doing that for one of three children he has and will be paying child support for three children do I have to take turns claiming our son for taxes?

  • JJ

    I stupidly believed my ex husband when he said he filed our taxes when we were married. Recently, I applied for a gaming license, which was denied due to tax returns not being filed for several years.(97-99). I want to file my taxes now , married filing seperately for those years. Can I use our children who are now grown as dependents? We were divorced in 2002.

  • Danny Childress Jr

    If i am paying child support can i claim my child on my income taxes at the end of the year. If so were is it written in the law that i can do so? Were can i find this law as so that i can read it?

  • Bonnie Wagner

    Me and my husband adopted our great-nephew 10 years ago, he wanted to live with his biological mother for the year 2009. I provided all insurance, clothing, school supplies, dental (braces). In November of 2009 he came back home to live with me again, my husand and I was getting a divorce, husband wanted to claim him and my niece wanted to claim him, I gave my husband the form 8332 giving him permission to claim him for yr 2009, and he did claim him, my niece just told me yesterday that she also claimed him because he lived with her more than 6 months, even though it was a verbal agreement between her and I that she would not claim him. No one has got caught yet. My husband gave us no money or support for the whole year of 2009. Will this affect my claiming him for the year 2010?

  • Getting shafted

    To make a long story short, my husband some how lost custody of his 2 children to his ex mother in law. After spending thousands of dollars on lawyers we some how lost and even got nailed 2000.00 a month child support. My question is even though they do reside with the grandparents are they still legally allowed to claim them since they do not pay over 50% of their living expenses. There is no way the children spend over 4000.00 a month.

  • Billie

    My ex is in jail. Am I able to claim the child on my taxes?

  • akiko18

    My ex and I (never married) separated in May of this year and our daughter lives with me. He asked that I don’t go through the courts to make custody sharing legal as the court calculations would show that he needs to be paying ~$200 more than what we agreed to. He has also been paying for half of day care ($130 every other week). He wants to be able to claim this credit on his taxes but I’m understanding that he can’t. Please help me understand. Do I claim that I am receiving child support from my ex without court papers? Without going through the courts, is there a way for him to claim the day care that he pays?

  • Rhett Baliey

    My question is pertaining to my fiances ex husband and their child. Can he, who does not have physical custody, file for the Child Tax Credit? He has been filing this for the past 6 years while the mother has not been aware of this benefit from the Tax Code. What laws is this person breaking by this fraudulent act? And can he be prosecuted for this?

    Sincerely,

    Rhett Bailey

  • stephanie

    if the court had ordered my ex to claim my son but if he owes me back child support wil he be able to still claim him?

  • worried

    my boyfriend is divorced with 2 children (divorced in 2003). he is and always has been totally up to date with his child support (he is the non custodial parent). the divorce decree states he can claim the kids on odd numbered years and the mother can claim them on even numbered years (as long as his support is up to date). the first couple of years things went smoothly then for tax year 2007 she claimed both kids (when it was his year). he found out when his electronic return was rejected. she stated “oh well” i wanted the money so live with it. at this time he did not have a signed form 8332 so he had no recourse except in family court. after talking she agreed to and signed a form 8332 for future years 2009, 2011, 2013, etc (so he let it go knowing he can file them as scheduled in future years)… Well, he went to do his 2009 return and she claimed both kids, even though he has the form 8332! he mailed in his return with the 8332 and got his refund (which went toward back taxes). now we just got a letter from the irs stating “you need to make sure someone is your dependent”. it states if you were not eligible to claim the dependents then amend your return. if you were eligible then do nothing… well, he was eligible being that he has the form 8332 and his child support was and is totally up to date. so what will happen from here? i know she won’t amend her return and he has no reason to amend his, so what will the irs do next? will they both be audited at the same time? if he is audited should he mail in a copy of the divorce decree and proof of up to date child support along with another copy of the form 8332? would the divorce decree have any weight (along with the 8332) since it had conditons attached like, child support has to be up to date (again, it is). since he sent in a copy of the 8332 with his tax return does the irs already pretty much know that he is the righful one to claim the exemptions? would if the mother (custodial parent) tries telling the irs that she never signed the paper and it is forged! i wouldn’t put anything past her!! any thoughts and advice would be greatly apprecitated!!

  • John

    My wife and I live in seperate households due to work, money, and space. I live at my mothers home while her and our two shared children live with her parents. She’s 28 and dos’nt work because she stays home with the baby. We’ve agreed to allow her parents to claim the children because they do support them. I currently make less then $8.00 an hour and I pay child support on two children from my first marriage so we deffinatlly could’nt make it without help from our loving families. So since were still very much a loving married couple but our situation at this point has us living in seperate homes 40 miles apart, how should she and myself file?

  • Dawn

    My ex husband has not paid child support in over a year. We agreed in our divorce and custody arrangements that he could claim our child one year and I could claim her two years. Since he has failed to pay his support and fallen behind I would like to know if he is still entitled to claim her on his taxes?

  • isabella thorp

    I now have sole physical custody of my daughter. My son is 18 and is attending university in the Philippines. My ex husband has both kids under his insurance since I do not have my own and am under my current husband’s insurance policy. My ex husband says he can no longer include the kids under his health benefits because he can no longer claim them as his dependents. Can he do this?

  • Julie Schilling

    If it is stated in our divorce papers that my ex can claim the 2 children on his taxes and he wont agree to change it, what do I have to do in order to either claim 1 child, or claim them every other year? I pay for their health care along with about $6200 a year in child support. They are with me 3 days a week during the school year and during the summer I have them 9 days then he has them 4.

  • Jennifer Messinger

    My divorce was final 08/11/10. I have 3 minor children, ages 13, 6, and 3. I explained to my ex for tax purposes and for the purposes of keeping the most money to benefit our children, it would be more beneficial for him to claim the children on tax returns since his AGI is over twice my AGI. I requested that he give me a portion of any tax refund as a result of allowing him all 3 exemptions. It is also written in the decree that he is allowed all 3 exemptions, although as part of our shared parenting agreement the children spend the greater percentage of time with me. I am aware the courts “floor” on exemptions in the case of 3 children, is 1 child one year, 2 the next year and so forth. In light of the fact that I have greater physical custody, would I be permitted to at least claim one child for the 2010 tax year, in spite of the decree? Thank you in advance for your time and consideration.

  • eri

    can i claim my wife’s kids even we are not marry at this moment

  • Drew

    My girlfriend and I are splitting up. We still live together and I pay all of the bills, as I always have. We do have two children that I am the biological and legal father of. She state that I cannot claim the children on taxes even though the children lived with me and I can prove I paid all living expenses. Can I claim my children?

  • Linda

    I have a non related child who has lived with me for 5 years. The mother gets the child support & claims the child onher income taxes or sels her ss# . What can I do ? We should be allowed to claim her, since we are solely supporting her & always have..

  • Sarah Hansen

    My boyfriend has 2 children. The children live with there mother, however she is on government assistance. She does not work. She has Section 8 and Food Stamps and the only source of income besides that is his child support. Not only does he pay child support he purchases their clothes, provides health insurance, and gets them on a regular basis. Does he have the right to claim them as dependents on his taxes?

  • Hannah Biggs

    I am 38 with kids ages 14, 11, and 9. When I divorced in 2003, my kids and I moved in with my mother and her husband. I have never been able to find steady employment and could not stay in school. I was diagnosed bipolar 1 in 2006 and although I am medicated I don’t find this helpful to jobs or schooling. The problem is that my mother and her husband are physically and emotionally and verbally abusive to me and my kids. I don’t get a lot of money so they have claimed the kids on their taxes every year. Can I sue them for abuse?

  • JOHN

    I am divorced. From Jan 2010 until July 2010, our two kids (age 2 and 4 at the time) stayed with their mother Tues until Fri. I picked them up Fri and kept them until Monday evening. I voluntarily gave her child support every week (nothing ordered through the court) I got emergency primary custody of them at the end of July 2010 and she only sees them approximately 40 hours a week without any sleepovers. May I claim both of the children on my taxes this year?

  • Enrique

    I am legally seperated for 2 years and we have made our income taxes together every year with our two kids but this year i want to claim my children alone because she wants half. She has never worked and i pay 528 of child support out of my check, and i get my children every weekend. Can i claim my children without her consent without getting into trouble?

  • lisa

    I claimed a child on my taxes last year her mother and I were living together but she wasn’t working and going thru a divorce. The husband was in the army. Not knowing we both claimed the child. Communication was lacked between both partys. Now im being audited , the child lived with my support while the father was not around. Whats the best thing to do on my behalf? My gesture to help the mother just backfired. Help please.

  • shantse

    can my childs father cliam her just because he pay child support. she resides with me the hold year

  • Marcia

    I have have been divorced for almost three years. We have two daughters, originally we agreed to 50/50 custody and each of us would claim one of the girls for our tax returns. After the first 6 months, I have had the girls full time, he has hardly paid child support only when garnished. He has not upheld his end of our divorce agreement. My question since I pay for way over half their expenses and have them 98% of the year, does our divorce paperwork that says he can claim one override the IRS laws that state if the dependant lives with you for over half the year you can claim them?

  • Virginia

    My husband is military and we are in the process of a divorce. Can I claim our 3 children on my taxes if I had them from Jan 1 to July 17 and he was granted temporary custody from July 17 to the remaider of the year. Who gets to claim our children. I am not paying for child support yet but have been ordered to do so.

  • Lesa

    I have a divorce decree which states my ex husband can claim our 2 daughters on his taxes. However, he has not settled the divorce debt nor has he maintained his payments for 60% of their medical expenses. Finally, he has not spent one night with them in 2.5 years. I claimed them on my taxes this past year (2009) and just got a notice from the IRS that someone else tried to claim them (their father). I have not signed a form 8332 and have no intention of doing so. Do I have to still follow by the divorce decree or can I claim my daughters now since he is in continued violation of the overall decree?

  • krystal

    since i have full custody of my son, and my sons father pays child support should he have the right to claim him as a dependant on his taxes? he has no visitation rights, and picks him up when it is convientient to him.

  • Nicole Smith

    Who can claim my daughter. My ex-wife is currently unemployed and have been living off of assistance from the state and my child support. I currently pay 500 a month, I purchase all her clothes and shoes. I also have her the whole summer and holidays and every other weekend. Can I claim her being as though she cannot file because she is unemployed.

  • Derek

    I have a 1 year old son and his mother and me split up when he was about 5 months. She claimed him last year when we were together, and this year i would like to claim him. i was just wondering if its ok that i do it this year even though she did it last year. He lives with me 3 days of the week and the rest of the week with his mother. Been going on for more than half a year. And also we were never married.

  • Tammie

    It was agreed in our divorce that myself and my ex will have 50 50 custody and I claimed my daughter on last years taxes and he is suppose to for this year. But she would not go live with him and he did not take her for his share so she never stayed or lived with him in the 2010 year does he still have the right to claim her on his taxes?

  • Sharon

    My boyfriend has 2 college aged daughters who live with their aunt to go to school as she lives much closer to the college. They have given her all their extra school money from their pell grants as rent. She is threatening to claim them on her taxes this year. Their permanent address is still with him and he has had custody since the divorce from their mother years ago. Also, what do we do if she does try to claim them? She makes almost 6 figures and this will really mess up their school money (pell grants) because she makes well over double what he does.

  • norman abercrombie

    Can I claim a dependant if I only have joint legal with mom having primary physical custody but we have equal time share

  • Devon Williams

    I’m divorced and have joint custody of my two kids, but their mother is the primary. We basicly share the kids everyday and we both take care of them, there is no child support involved and there is nothing in our creed divorce creed about taxes. It just says that we both have joint custody and she’s the primary. Do i have the right to claim one of the kids on my taxes?

  • Tom

    My divorce papers state I am allowed to claim my oldest child for tax purposes. When I emailed my ex asking her to sign and send my IRS form 8332 just like she did last year, she emailed back “I have no idea what you are talking about? If she claims my oldest child against the judges written order, what are my options?

  • DC

    I have four children from a previous marriage who live with me 75% of the time. I remarried this year, and now have two more stepchildren who live with me full time. Per the agreement with my ex-wife, we each claim two of our four children as dependents. My question is, do I list all four on my tax return, or only the two I am claiming? Do I list two as dependents and two as “nondependents,” or not claim them at all?

    Thanks!

  • jeff

    Is there any action i can take if my ex wife (we are seperated) files her taxes and claims ny son but has not got the required document from me allowing her to do so? There is no officail custody order in place..just an agreement between her and i.

  • sean

    legal right of my sons went to me the bio father after my sons mother died a in 07 as stated by a judge and the law.because i was incarcerated wen she died my sons lived with thier grandmother and aunt until september of 2010 wen i excersised my legal right to withdraw them from school and bring them home.An order to establish paternity and child support was established on me in feb2010 but the case was later cancelled due to the death of the grandmother(petioner) and my taking of the children.As stated in a letter by a judge last month i did everything in my power to get my children back earlier in the year after letting the grandmother(now deceased)and aunt know in dec of 2009 that i would allow them to finish the 2009/10 school year and attend summer school but was prevented from doing so by the grandma and aunt who lived together until the aunt moved away from my sons and her mother in like may of 2010…Can she the aunt claim my sons even tho she did not live with them for the whole or even half the year and as the father i let them know that i wanted them to turn my children over in may of 2010? also does part of their time away from me considering it was for school qualify under temporary abscence under education? thank u very much for your time.

  • Bella

    Hey Monica me and my boyfriend just had a baby on December 4, 2010 he lives @ home with his parents and so do I. The baby resides with me though. My boyfriend is asking to claim his son…but my sister is stating that he can’t because the baby does not reside with him. She tells me that my brother that lives with me can claim the baby. so basicaly my question is can the father claim his child that does not reside with him?

  • DEB

    My 22 year old daughter is a full time college student. She has a 10 month old baby, receives child support and the baby’s father is claiming the baby as a dependent. She did not work in 2009, received TANF benefits, but I provided the majority of her support. Because she had no income, will she need to file a return? Can I claim her as my dependent?

  • Gayle

    My daughter lives with me all year round but in my diviorce states that her father has the right to claim her on his tax return every othe year. He live out of state and has claim her for 12 years out of 15 years Question is can i claim my daughter if her father who is married and has no reported income for the last four years.

  • Amy Colron

    My husband’s ex wife wants to claim their daughter, but hasn’t worked one day this year. Can she claim her as a dependant without any income for the year?

  • Jiovanni Cofino

    Hello, I am cuban resident here in US and I have a son in mexico (she is mexican ) and I would like to put her on my next taxes files, can I do that? Her mother has no longer working and since 7 month ago I have been supporting her.Thank

  • melissa

    I have joint custody with my daughters father. Every year i always claim my daughter on taxes. I havent seen my daughter for 3 months(my ex keeping her from me). Can i still claim my daughter on my taxes?

  • lee

    my childs mother doesnt work and is not married, i pay child support and am current in paying child support, legaly do i have the right to claim my child?

  • angela cushman

    i was wondering my husband and i have been living apart for 6 months now and i have the kids i am with someone else and he has been supporting them can my new partner claim the kids on his taxes?

  • misty

    I am wondering,my ex got the right to claim our son who lives with me full time on his taxes as his dependant.I am wanting to put my son down just for EIC is it ok that we put his social on both our taxes if I just put him down for EIC only and he puts him down for a depandant.My ex makes to much money to get EIC so I know that he wont be trying to get that.Please help

  • Alexis

    My sons father and I have joint custody. My son lives with his father for school only, I have him for the summer, holidays etc.. I also pay all of his medical & dental. I allow his father to claim the child for EIC…but can I still claim him as a dependent? Just not the EIC?

  • Dan

    I have two children with my ex-wife. She has primary custody and I pay child support, insurance, daycare, etc. I have a divorce decree stating that each and every year I am to claim our daughter and she is to claim our son. She called me yesterday to inform me that she would be claiming both of the children this year. Is there anything I can do to fight this?

    • Amanda

      If you E-file your taxes, go ahead and do so. If they get rejected because she has claimed the exemptions, you’ll have to mail your taxes to the IRS still claiming the exemption you two agreed on and send a copy of the agreement with that. You will get the exemption that way.

  • Andi

    I have been divorced 6 years and re-married for 5. My ex and I have 2 daughters. I have sole custody. In our original custody agreement he was to see our kids he was to pay 1050 child support and could claim one child. He joined the military and sees my children maybe once a year. We had the custody agreement re-done because he wanted to pay less support with a new baby, so I agreed to 800 a month (which off what he makes as an officer in the military is WAY less than the 28% he is supposed to pay.) and he got visitation for 3 weeks in the summer (that he’s only exercised once. That order doesn’t specify who can claim the kids, even though he verbally agreed that I could since I agreed to the reduction. They live with me full time and I provide WAY more than half their support. I claimed her on my tax return this year and he is livid and says since he didn’t agree to it in writing I’m screwed. I never signed an 8322. He has NO right to claim her because he meets NONE of the requirements. At the time of the original agreement, he was supposed to see them 2 days a week! Everything has changed he totally promised this wouldn’t be an issue…until I actually claimed her! So what happens now? If he attaches the old agreement, even though he doesn’t have custody and doesn’t even see them but once a year, am I going to get in trouble for claiming her? I don’t want an audit and I don’t want to be in trouble with the IRS for sure! Help!

  • Lynn

    My question is about EIC.. My husband and I have been seperated (not legally) for the past year and a half. We have 2 children. My oldest son who is 16 splits his time between both of our homes but generally sleeps at his fathers. His father has very little income and I provide for most of the support and necessities for my son . His father wants to claim him as a dependent, because he sleeps at his house, I receive no chiod support for either child. My question is, am I entitled to claim the EIC for both of my children??

  • Ray

    If my ex-wife does not work and is receiving alimony/child support, can she claim the kids on her tax return? If it is true, the system is encouraging a lazy “work” ethic.

  • David F

    I am divorced now and have had my youngest child living with me for over half the year. He turned 18 on August 13th. 2010. My ex wife bought a house in another town and moved out on the Boys in April 28th. Alltough She has had more income then I, He has been living with me. I have claimed Him already to find out that She to just claimed Him. Is this legal for 2 to claim? for He only lived with Her until April 28th and with me for the remaining of the year. Thank-you for any advice you can give.

  • Erin Pedersen

    My exboyfriends is going file with the IRS our son as a dependent. Our son lives with me and my parents. He does not provide any financial support nor does our child live with him over half of the year. If he does this, is there any recourse I can take? He should not have him as a deduction but he lives in a different city is lieing about it. What can I do?

    • Gina

      Here’s the advice I got from my attorney:
      Who gives a sh!t what he does? (she can be so candid sometimes). Go ahead and file your taxes with correct information and let the IRS audit both of you. You filed yours properky, he didn’t, and the burden of proof will be on him. Also, the IRS has a list of questions as a tie-breaker in case the parents don’t agree on who claims the child. If what you say is true and can be proven, he will get penalized. Good luck girl

      • Pedersen

        Wow – was that fast! Thanks a lot. I will do it. His father lives in a city 65 miles away. Ayden goes to school in the town where we live, we live with my parents, I do everything for him and the father plays with him on the weekend. I feel a lot better now. Thanks.

  • Stephanie

    I have a question. My mother in law is applying for nyc housing and wants to put my son on the lease with her so they can get another room. My question is if she does that can i still claim my son? Would it show that hes on her lease? They said theyll take him off after 3months but i really dobt feel comfortable giving my sons birth cert. Or s.s ro anyone. Please help.

  • Bobby

    I was just wondering if it is possible to claim my step daughter as child tax credit on my taxes.. her dad has the right through court to claim her as a dependent.. but can i claim her as a child tax credit?

    any help will be great

  • jessica

    my husband and his ex went to court and now he gets to claim his 4 year old daughter this year and every year after. they have joint custody she stays with us a little less then half the year. how do we do this and do we claim her for the eic credit? please help

  • brian

    my ex signed tax from 8332 stating that I can claim my son from 2006 to 2010. He is still in high school, 19 yrs old and works. Now she is saying that I cannot claim him. Can I still claim him?

  • Audra

    i want to know how i go about claiming my daughter every year its in the divorce papers that the ex huband gets to claim her every other year but he doesnt pay half of everything he is suppose to but does pay his child support… my daughter is with me except for tuesday and thursdays (if he comes for her) from about 5:30 pm til about 9:00pm he has no over nights or weekends with her…

  • lori

    in my divorce papers it states that my ex huband can claim our daughter and i claim our son. he hasnt paid child support since jan 2010 and doesnt work. i work full time job and pay all there expenses and daycare. im the custodial parent, they only go to his house for visitation. i claimed both children this year, and hes saying that his new wife was going to claim or daughter as her dependent and that the irs told her that i will have to repay them and i’ll be held in contempt of court unless i sign papers at child support forgiving him for paying me the back child support owed which is $3,000.00. my question is am i legally allowed to claim her on my taxes? and should i forgive him for the back child support. i dont have the money for an attorney. thank you kindley. lori

  • Donna

    I am a divorced parent of an 18 year old. He turned 18 in April, 2010. His father paid child support through April, 2010. My son has always lived with me unitl he moved away to attend college in August, 2010. He comes home during school breaks and holidays and stays in my home. His father has not contributed any financial support after April, 2010 but pays for my sons college tuition. Between the two of us, my sons father makes approximately 90% of the income between us. I have always claimed him on my taxes but now he wants to claim him. Who can claim him?

  • Elizabeth

    I am a divorce parent, my ex doesn’t even care about his kids and only wants money. This year he claim all my 3 kids between him and his wife. He’s on back child support and told the attorney he would pay with his taxes. I never thought he would do this. Last year he claim my son and I let it go, but this is getting to far already how can I put a stop to this he don’t even try to see his kids at all and don’t even care for them. This is not fair my w-2 is really late this year. Im tired of him winning and he dont even care about my beautiful kids.

  • david grogan

    In the state of Michigan, can i be claimed as a 22 year old dependent living with my dad on parole? I made $1000 towards the end of the year. If so how much would the head of household be likely to receive? Any information will be greatly appreciated.

  • Kayla

    My boyfriend got divorced this year and wants to claim his 2 kids on his tax returns. In the divorce decree it says that they have joint custody and that he has them 45.1% to 50% of the time. Last year his ex-wife claimed the 2 kids on her tax returns. Is he entitled to claim them this year?

  • carrie

    Can I claim both of my childern on my tax returns? We have joint custody, but I’am the primary parent.There is nothing in the divorce decree….

  • KM

    My ex and I claim my son evrey other yr, it would be his turn this year, but he has not paid a dime of support, and my son lived with me for the entire
    year. Can I claim him,?

  • Teresa

    I want to claim my 33 yr old son on my taxes as a dependant. He hasnt worked all year, has NO income and lives in my house and I have provided his upkeep etc. He does owe outstanding back child support will I lose my refund to his backsupport if I claim him?

  • sarah

    hi! i have custody of my 2 children. who are 3 and five. i have been taking care of my dad, who is sick and babysat this year to make money. i am going to do my taxes tomorrow. i just found out that my kids dad has already claimed them. he gets them every other weekend and for 3 weeks in the summer. they rest of the time they are with me.i don’t have any written agreement with him, that he can claim them. nor did he even ask. can i still file my taxes? and will he get in any trouble if i do?

  • Darren Harvey

    My child is 3 years old. He has been in my custody for 2 years and on Jan 3rd of last year i moved to Virginia. When i moved the court contacted me and stated i was not to take my child out of the state because the childs mother wanted to fight for custody. My child was then placed with my mother in New Jersey. I have provided more than half of the support for my child. My mother has paid more than the childs mother. But she has had physical custody even though my child was not with him for more than half the year. I appeard in court on several occasions to share custody i even recieved approval to vring my son to Virginia for 4 months last year. Will i be able to claim my child on this years tax return?

  • Paul

    My exwife is saying that I cannot claim my children as dependents if I am in arrears on child support. The divorce granted us each 2 of our 4 children to claim on yearly taxes. Last year she claimed all four children stating that my arrearage negated my right to claim them. My arrears have been settled in court and assigned to be spread out in my current child support payments. I am current on those payments. I was only in arrears for 4 months when I was unemployed and cooperated with her and the courts to have it assigned for payment which I have adhered to. I do not think she can claim all 4 children and still collect the back child support. That seems like double-dipping to me. I know the courts can keep my refund, and they did, which means she will actually get paid 3 times on the same arrears when all is said and done. I have tried to find the answer to this question before I file taxes again for this year. Can you help me?

  • Chris

    I am divorced and I payed child support to my ex-wife for my son for most of 2010. My son lived with me for more than 50% of the year, he actually did not live with his mother at all in 2010. In Oct of 2010 a court ruled granting me primary conservatorship of him and my home is now the primary residence. My son’s mother wants to claim him for income tax since I paid child support and his primary residence was her home for more than 6 months of the year. Can I claim my son as a dependent since he lived with me for most of the year, and what do I need to prove he lived with me if anything? I don’t believe I have anything that proves he was living with me for the year, other than his word and other family member’s word.

  • Liz

    My sister left her husband with her young child on July 2nd of 2010 due to domestic violence. The divorce is still pending. She has custody and he has temporary visitation every other weekend. He has not paid any child support nor provided any type of support for food, housing, school, etc… She lives with our brother and receives food stamps. Can she file head of household and claim the child or does she file married, filing separately, and claim her child? Filing jointly is out of the question. They are residents of Florida. Thank you for any assistance you can offer!

  • Liz

    Sorry, never mind. I didn’t realize I would have to pay for the answer. I cannot afford it right now….

  • Michelle

    My brother and his ex-wife take turns claiming their daughters on their taxe returns each year. This year, 2010, he gets to claim 1 daughter. Does that also mean that he can get the Earned Income Credit or does his ex-wife get that EIC and he only gets the Child Tax Credit? Thank you so much for your time. Michelle

    • Michelle

      Sorry, I also did not realize that I would have to pay for this answer. Thank you for your time.

  • Anissa

    In my divorce i said that my ex could claim my child. since then he hasn’t seen him or paid anything for him. now this year has tried to claim him, even though the courts now say he is not allowed to have contact unless supervised. I also have full legal and physical custody of the child. Will I win in an audit?

  • tasha

    I just did my 2010 taxes, i am getting money back. I owe back child support, will i get my money or will the irs keep it. Also, i am paying my child support every month now, will that help?

  • Foster Dad

    My foster son has lived with me for the last seven months of 2010 His birth mother claimed him as a dependent for last year. He has been in state custody for the past three years. Did she have the right to do so?

  • Amy

    my daughter’s father owes me 1100.00 in medical bills and education expenses for her. It is his year to claim her on his taxes…..is it legal for me to claim her instead of him since he owes me money?

  • Alicia

    my husband has a court ordered agreement between him and the ex where the judge ordered each parent to claim one child every year for federal and state income tax purposes. what does this mean if it does not specify who gets what credits?

  • smokey123

    I agreed in the divorce to allow my ex to claim 2 of our 3 children as dependants. They are now in college living full time with me, no support from him at all and he says he is still entitled to claim them. I make 1/4 what he does and he does not contribute at all to the support of college tution of the kids aged 20 and 21 please advise

  • Anthony Andrews

    I have joint custody of my daughter and she stays with me two nights a week and once or twice during the day. How is it determined by the judicial system if a child lives with both parents equally? My daughters mother and I verbally agreed to alternate each year claiming our daughter. Of course now she says she never agreed to this. I am wondering how i can go about alternating tax seasons legally if it is at all possible. What happens if she does not agree to alternating in court?

  • ashley

    my sons father tried to take me to court for4 full custody and he didnt get it now i got papers saying he wants to take me to court to claim our son on his taxes.. he ony has hm everyother weekend and everyother wednesday! i have full custody and he lives with me!!! he doesnt even pay 300 a month in support. I do not want to alternate years. He makes more money then i do and taxes help me out… do u think he’ll win in court??

  • Suzanne Dunn

    My husband filled out a 8332 to be able to claim his son on his taxes in 2001. The court allowed it to him untill his son is 18yrs. old even though he doesnt live with his father. Does he have to live with us for half the year? They also have a daughter which she claims on her taxes.
    She is now saying that she is going to claim the son. Can she do that without his O.K. Thank you

  • Amy

    My husband and his ex wife each claim one of two children each tax year. We filed claiming one and she the other for 2010. A week ago she showed us that he was $101.00 short for 2010 child support and since the divorce decree states that if he is in arrears then she gets to claim both children. We were never notified by FSR and payments were garnished through his paychecks. As soon as it was brought to our attention we made a immediate payment to the child support enforcement. She is now threatning to take him to court if he does not sign a form allowing her to claim both children. Our attorney says not to worry about it and that there was no malice behind the shortage or fault on our part.. is there a reason to worry though?

  • Jennifer

    My husband & I have been legally seperated since Sept.09. In 2010 we filed jointly. This year I filed Head of household & claimed both, since I am the custodial parent in our temporary agreement. He does not get our two children on any regular basis or really spend time with them. We go for our final hearing on the 28th of this month. I have never agreed to let him claim one of the kids & it is no where in our temporary agreement from when we went to court in March of 2010. Did I have to wait until our divorce was final to file & will a judge make me agree to let him claim them if he hardly ever sees them? He makes twice what I do and is not helping out with any extra activites financially only paying child support, which is not much for 2 children. In SC sports, dance fees, etc are not included in child support nor does the court require them to help with these. I have kept them involved in these activites to maintain as much normallacy as I can for them. He does nothing. So, did I have to wait to file?

    • Jennifer

      Sorry I did not realize I would have to pay for an answer! Thanks anyway.

  • Torie

    I have claimed 2 out of 4 of my children. In my divorce decree I legally have the right to claim all 4 of my children regardless if I am custodial parent or not. My divorce decree states I have sole physical custody & joint legal custody. Due to hardship bc of a job loss, my ex has our 3 boys living with him for the past 36mos. My ex has not claimed taxes since 1999, he works off the books to avoid garnishment of wages for child support & student loans. I claimed 2 of them, including the one who lives with me. I told him I gave him permission to claim the other 2 so he could get more money back, suggested his father. He is now demanding that I give him the money I received from EIC. I do not pay child support as he refuses. However, when I had all 4 in my custody, he fell behind $50k in child support.
    He is telling me I filed illegally & he is going to notify the IRS & go to the state for child support assistance. I told him, legally I have every right to claim the tax allowable 3 kids based on decree. Who is right?

  • Shelly

    Me and my ex have two daughters together, our Divorce Decree states that after my daughter turns 18/graduates then we are to rotate years on claiming other daughter. Daughter 1 graduated/turned 18 in 2010 and I have even years. Do I get to claim both kids this year? Both live with me full-time and have not seen their father in four years.

  • Ms. Irritated

    Does my husband have the right to claim my son’s daycare expenses on his taxes that I pay each month, with no financial help from him?

  • Shannon Watts

    My ex-husband and I were officially divorced as of 12/15/10, he had also moved back to CA in September 2010, I was granted sole managing conservatorship when our divorce was final. Can he legally claim her on his 2010 tax return? Or am I entitled to claim her?

  • william

    My wife and I have been divorced since 1997, I recently moved back to where my kids live my son is 17 and has been living with me since September 2009. In the divorce decree she is entitled to claim him can I claim him as a dependent since I provide all the support and he lives with me. Thank you.

  • Chris

    During my divorce and child custody modification, My ex wife and I were granted joint legal and physical custody of our son. Our son stays equal nights with each parent. Per the court we were each responsible for our son on our designated week. Even if we have equal time with our son, I still have to pay child support, which was calculated using the Dissomaster. On the Dissomaster it shows that I can file head of household and claim our son. But my ex wife continues to claim our son on her tax returns. I have been audited by the IRS twice because both of us have been claiming our son. I have remarried. can I still claim my son as my dependent or my ex now has the right to claim him since she has remained unmarried?

  • Mia

    My husbands divorce decree states “In that shared legal and physical custody of these children has been ordered, the mother shall be entitled to claim the minor child, (daughter) and the father shall be entitled to claim the deduction for (son) for federal and state income tax purposes so long as the minor children are otherwise eligible dependents.” His ex continues to claim the son and daughter. What should we do?

  • clbradley

    I had joint custody of my three kids through 2010 until July 23rd 2010 when I was granted emergency sole custody ( with supervised visitations only too the mother). I provided all the financial support to my children in all of 2010 because the mother doesnt work. I saw my children very frequently before I gained full custody and even took them to school some days. I found out she already claimed all my children, which doesnt seem right to me. Can I still claim them and do I have a leg to stand on?

  • Kassi

    I am going through a divorce we are close to the end. Is it ok if i claim both our children on my taxas? I have them all the time their father, my ex husband, visits them every few weeks and sees them for an hour to three hours they never stay over night and it has been this way since we seperated in 2009

  • john

    my father died in 1996 and left me with eight young brothers and sisters to keep. l was at college then. He was entitled to purchase a house but the house belonged to government and at the time of death he didnt buy it. l later bought the property using my own money, renovated it and kept my siblings until they completed their education. l paid this education using my own resources not from the will. My siblings have now ganged up and they want me to sell the property so that they can share the proceeds equally. what are my available defences in law?

  • http://JASON4040@GMAIL.COM michele

    MY X WIFE THAT DOES NOT WORK AND WONT SIGN A W-8332, BUT ALSO HAS HER BOYFRIEND CLAIM MY CHILDREN. WE HAVE NO CUSTODY AGREEMENT, BUT I GET THEM ON THE WEEKENDS.

  • Lis

    I am divorced with a daughter under the age of 19. I claimed head of household can my exhusband still claim her as a dependent? If so, do I need to sign a form because her social security number will be used twice.

  • H

    My divorce is final. My ex and I have joint custody but I am the primary parent. My ex is ordered to pay child support but has not in over a year; but he still gets his visitations. Our papers from court state that he claims our son on taxes as long as he has paid a certain percentage of his child support. I am a single stay at home mom; my son lives with me more than fifty percent of the year. I have no income and my parents (my son and I live with) pay for everything for me and my child since my ex is not paying his child support. Is there any way that my parents or self can claim my son on taxes this year?

  • Debbie

    Can a parent who is divorced and has custody of a child still claim the child if they actually lived with a friend for the entire last year? He is still 19 and joined the military last summer after graduation. But until then, he lived with another family in a different town than her and she barely did anything to help him financially. We just found out that she claimed him on her taxes and instead of getting 1900 back, he is now getting less than 200. Not to mention I’m sure she used the child tax credit!

  • Becky

    I have a 22 year old son who is pursuing a four year degree. He lives with my mother while at school (a two hour drive from our home), he lives in his own apartment for 2 months during the summer while he works for his cousin in another state, and lives with his father for about a month in a third state. His personal items are stored in our home and he stays with me during school breaks, unless he’s working. I provide for the majority of his needs (insurance, medical care, clothing, etc.) and he provides entertainment, food, and travel expenses for work, however, I provided the vehicle, other travel expenses, including licensing and registration, auto repairs, insurance, etc.) which is in my name, but used solely by him. His father obtained a student loan, with plans for either my son or I to repay it. My son’s drivers license is in from his fathers state, however, as I stated before he only lives there for 30 days out of the year. Can I claim him as my dependent?

  • Beth

    My children reside with myself for 12 months a year. Never have overnights with their father. A judge ruled to alternate filing however when I contacted the IRS they stated that I being the custodial parent and the one my children resides with twelve months a year have the right to claim the children. Can I be held in contempt if I claim my children. Are there laws that can help me change that ruling?

  • amber j mcnattin

    I have custody of my daughter. Howeer, I am unemployed but I am a full time student at a cosmetology school. Do I have the right to legally laim my daughter? She has been in my care ever since I divorced her dad in 2008. I really need the money to help me out if I’m eligable to receive it.

  • Ms. Silver

    I have a 19 year old son who lives at school during the year but I have custody of him. We’re divorced 10 years and every year we have the same problem..
    Last year he claimed our son but said he only rec’d $300 back and gave me $150.I was upset because if I claimed him I would get back more.. (I know he’s lying) this year I claimed him.. well, the X is pissed that he didn’t claim him again and said he’s loosing out on $3,000!! I said,, remember last year you told me that I should’ve claimed him since I would get more money back…
    The X handles the kids’ education monies/forms, etc… I will give hims some of the return once I get it back. Can I claim my son living in my home and the X claim the educational credits?

  • mike

    Hey I was wondering if I could claim my son also on my taxes. In my exs & I separation papers we put she would be allowed since she has primary custody .I pay 300 a month in support and keep him every other weekend & on Wednesday

  • steven

    I have a question. My daughters mom has never had a job and she is 26 years old. She is living with her boyfriend who also does not have a job. She lives off of the $202 a month that i give her for child support. Can i legally claim my daughter on my taxes?

  • joe cotitta

    I have custody of my children full time during the week but my ex wife receives insurance benefits through her work for the kids. She claims that in order to have the kids on her health plan she is required to claim them as her dependents therefore she will receive the tax deduction. I s this standard practice or THE LAW?

  • Vince Wilczynski

    I have been claiming my daughter on my taxes for the last 5 years. My ex wife and I agreed verbally on this, it is not in the divorce papers. My question is my ex talked to me about not claiming her anymore so she could put my daughter on her new husbands insurance. I told her I would see how that would effect my taxes and before I could find out she put my daughter on the insurance and asked don’t claim her this year it will mess up her insurance. It would of given me 600.00 more this year and was wondering if legally she could do that without my permission.How can she do this without me signing something she is my kid not her ex husbands.

  • Ken Corona

    My wife and I have been separated for 2 yrs and working on our final divorce agreement. The oldest child (boy) lives with me and has been with me since March of 2010. I provide 100% of his support. My wife caimed him on her taxes and when I went to file my return was rejected because she had claimed him. She refuses to amend or to give me the money that I should have received. What can I do about this and who should help me with this?

  • Jean Kemp

    Divorce agreement defines the one/only child to be taken every other year as dependant for tax filing. AGI is over $35,000 so earned income credit can’t apply…. But if husband claims child as dependant this year, are there any other exemption or credits I can take? Child lives, attends school with me 12 months with occasional minimal visits with her father, who pays $600.00 per month child support….. no alimony. Child is in 2nd grade school, I work full time year round. No day care necessary.

  • Melody Lafollett

    My question involves child custody and tax claims….I have two children, who lived with me 8 months of the past year, they have lived with their father since September. We had joint custody of the children at the time and he did pay chid support,but I was the main provider for the children while they were in my care. My question is, is he entitled to claim both of the children on his taxes?

  • Rob

    My ex-wife had joint physical custody and is the custodial parent (under our decree). Last year our overnights with our son is now equal. For the last 3 years she has claimed him as a dependent, received the exemption, and cannot receive the child tax credit because her income is more than $114k (which i believe is the upper limit and she has remarried and they both file together; not sure if his income matters here.) . We both pay our fair share of our son’s daycare expenses (she 74% and me 26% thru a calc of combining our total income). She feels that she has a right to claim him every year because she make more money. But i don’t think it’s really fair since now we have equal nights and i contribute to his daycare and when he’s with me to the extent that my pay allows. What options do i have here if any? We are both Maryland residents and our son turned 5 this past dec.

  • Jan

    My divorce agreement allows ex to claim kids on taxes every other year. He is supposed to provided physical support every other weekend yet has NEVER had done this. I shelter, feed and clothe the children 100% and he pays 105 weekly for 2 dependents. Can divorce agreement be amended since I support kids 100% and he does not fulfill his obligation as per divorce decree?

  • CHARITA

    I WANT TO KNOW IF TURNED OVER CUSTODY ANOTHER OTHER THAN THE FATHER WILL HE HAVE TO ME CHILD SUPPORT

  • Jennifer

    If our divorce decree states that the non custodial parent, my ex husband, can claim our son every other year on his taxes, as long as he is current with his child support, but claimed him two years in a row without discussing it with me, even though he did live with him a little more this year but nothing was changed legally on the parenting plan, in simple terms how do I report this and to whom?

  • Christina

    I filed my son as a tax exemption this year but has been court ordered since 2003 that the exemption years are suppose to alternate… No child support is issued and its suppose to be 50/50 custody with split days of visitation… This has not been like this since my son started school 5 years ago. What will happen as far as IRS? He is also planning on taking me to court regarding the Issue of IRS Exemption….. Is there anything i can do to Possibly counter this and try to go for Full Custody or… Full ability to File Seeing as how my son lives with me Monday through Friday and his father gets him Friday to sunday when it was ordered to be Sunday to Wednesday and Wednesday to Sunday?!?

  • Bill

    I am the non-costodial parent and have the right to claim 2 of my 3 kids as dependents. My question is ” Can I claim daycare expenses on any of them? I pay daycare on the younger 2. Please help me I am not sure what to do.

  • jose paez

    me and my ex wife we separate almost 8 months and i claim my son and i toll her that i claim him because she is getting the child taxes, and next year she can claim him. and her answer was not, i going to claim him too so you don’t get nothing, we have our son 50- 50 but he live with me 8 day and 6 days with her. i would like to know if she will be able to claim him, because she is tho mother even she make way more money that me?

  • Monica

    Wondering if I have soul physical custody and was never married to my son’s father who has the right to claim him? He live with me and gets minimal visitation with his father?

  • Malone

    I am 20 and i have not lived with my mom since 2008 for college. she paid on my truck until november because i put it in my name. she has not helpped me with anything and she has claimed me. Is that right??

  • Debby

    we live in Mn. we have joint custody..he has custodial..I pay my child support..but i babysit 4 whole days a week while he works & saves him child care..can I now get tax deduction?

  • John Faust

    My wife has taken my 18 year old son as exemption this year against the divorce decree, 2010 was my year and she took him because my child support was not current as 1/1/2011, but I did bring it current a month before I filed, can she do that? So when I filed my 2010 taxes I was current!

  • Deborah

    My husband’s son was kicked out by his mother the week prior to his HS graduation and told to come live with us. His Mother had a 8332 form for him, we have an 8332 form for his daughter. He has lived with us going to College since May 2009. We did not claim him on our 2009 taxes but did claim him on our 2010 taxes. His Mother is now threatening his student loans because she states she is claiming him. What can we do?

  • dan

    I have a divorce decree that states I get to claim my son on my taxes and my ex gets to claim our daughter. It has been like this since 1997 until this year. She claimed my son and daughter on her taxes. Does the divorce decree allow me to claim my son whether he lives with me or not this past year?

  • adam

    I have a court order which states that i am entitled to the exemption for my child every other year. Do i need to be 100% caught up in child support to claim her??? i ask because obviously im not and my ex has claimed her every year. even when i did…

  • mike

    if i claim my daughter on my taxes an i sopossed to give her mom money for claiming her? i live in nj

  • lb

    I have a child in who is a full-time student out of state. My ex-husband claim her on his taxes for 2010 and was not aware until we went to file my taxes and was rejected. He contribute approximately 12000 toward her education. She has always lived with me full-time since divorcing 15 years. Please inform me on the law for college dependents. She does work and earned 3500 this is her first job.

    I thought you had to live with that person at least 6 months and provide half. She always come home and have only visit his him twice for a week in 15 years. They do not have strong relatlioship. I would like to know if the ex-husband contribute to college education does he have the right by law to claim her on his taxes.

  • jakredison@msn.com

    My son is an alcoholic and has lost everything and worked only sporadically last year. He moved in with us in 05/10. Can we claim him?
    He filed his own taxes where he had made about $8,000 over 2010. Thank you

  • Paul

    I am a divorced father who was granted sole custody of my son with no visitation from his mother. His mother has never paid the child support ordered so can I use her income information to get grant money to pay for my son’s tuition and still claim him on my income tax or does this give his mother the right to claim him on her taxes?

  • Missy

    My sister took me to court to get custody of my daughter . i am paying 100% child support can i claim my daughter on my tax return

  • James

    My ex wife and I have 2 children together in the divorce the judge stated we each claim one child I have tried to get her to sign the 8332 form but she refuses to sign it my ex wife has claimed both children and has got the money what can I do to get the money as a non-custody parent

  • Erin

    In 2009 I was a full time student who did not work. Although I did not work, I was receiving unemployment and actively looking for work. Tonight I tried e-filing my tax return and it was rejected. When I aproached my ex and asked about this, he said yes that his CPA told him if I was not work (even though I took out school loans) and was a full time student that I could not claim my son, he was entitled to do so. I did not sign any document saying that he could claim him. My son visits his dad the 1st 3rd and 5th weekend and nothing more. To top it off, he was in prison part of 2009. Can you tell me if he had the “right” to do this, and what do I do next?

  • April Foxworth

    Hello … My exhusband filed for divorce when I was working out of state, since I was not there to contest it the courts allowed him primary residency for both the children. However, the children reside with me 95% of the time. Can I claim both children on my tax return even though the courts granted him primary residency?

    Any help you offer would be greatly appreciated.
    Thank you in advance
    April Foxworth

  • Jamie

    Hello, my husband claimed his child on his taxes as he does not have primary custody and she does not live with him 1/2 of the time…So, he spoke with her mother about it and she told him she had already filled her taxes to go ahead and try it…So she called him today and said that her accountant had filled for an extension and now could not file her taxes bc my husband already claimed the child…She told him he needed to make an adendum but he told her no…Now she is going to take him to child support court. What do we do????

  • Wendy Delgado

    My boyfriend pays childsupport and does not owe at all. He pays for other needs the mother of his children asks for such as school clothes, coats, vacations, etc…. He use to be able to claim at least one or two of his children (he has three) as dependents but now his ex claimed them all one year and this year her present boyfriend used them as dependents. He was never married to her is there a decree or some type of document that will permit us to share dependents. I have some friends that are divorce and use the decree to their advantage. She does not work and she gives other the kids to be used as dependents. He also make more money than her in any other scenario if she would be working. What can he possibly do?

  • Ignacio

    If my girlfrend got divorce, and she the only person claiming a dependent,can I claim it as a dependent.

  • Ignacio

    If my girlfrend got divorce, and she the only person claiming a dependent,can I claim it as a dependent.

  • Ignacio

    If my girlfrend got divorce, and she the only person claiming a dependent,can I claim it as a dependent.

  • carol short

    i am wondering legaly were we stand we have our step son 4 nights out of 7 over night and day time his mother claims benefits for him can we also put in a working tax/child tax credit claim in?

  • Stacey Causey

    I have not yet filed my taxes this year. My ex has. He has already recieved his money, most of it went to the state for all of the arrearages for my son’s insurance, then he also got credit toward his arrearages which lowered that amount. I don’t understand this system at all. Anyway, as I was saying, he hardly worked las year, he got about $1100.00 tax return. I have full custody of my son and I plan to claim him this year just as I always have. Would I find out when I file my taxes if he in fact claixmed our Son? and would I be penalized(not get child credit) because of this? Can he just get away with it and could he have been getting away with it ffor years? He asks every year if he can claim our son, and I say”No” NO WAY but I have always wondered if he has been claiming him. Will I find out when I file my taxes? My accountant files them, should I tell him of my concerns? I would really love an answer to this question, I have been suspicious for years…..9 to be exact! Thank you.

  • Myra Sims

    Does a non custodial arent have the right to have a childs social secrutiy number if he does not take care of them the local child support office keeps putting my child social security number on documets that are sent to the dead beat father and I have ask several times for them not to put it on anything but they continue to do so they claim he has that right to have her social security number if that is not the case what can i do about it

  • Jax

    As a divorced father of twins, we have joint custody. I can only claim one of the boys on my w4–how should I go about filing and what should I print on my W4?

  • Kim

    I have an order from 1997 where I had agreed to allow my sons bio-father to claim him every other year. He has never been in his father home or care in 14.5 years. Can he still claim him every other year. He has never had me sign the affidavidt for this as agreed. I have always done my taxes late . The IRS has allowed me to claim my son every year. Can he press charges of any sort?

  • Gary Bills

    I started paying for child support a year ago, never missed a payment and never had any problems. I had heard that i could petition or do something in order to claim my child on my taxes every other year. i’ve never seen my child and don’t plan on ever getting to. And the mother and I were never married and living together. Is there still any chance i can do something to claim her on my taxes every other year? And if so what do i have to file or who do i have to see in order to get this done?

  • tonya

    In my divorce papers it says that I’m supposed to claim my kids on my taxes. My ex-spouse filed her taxes first & claimed the kids. Is there anything I can do?

  • Kat

    Can an ex wife claim cash aid if she was paid support while the divorce is getting filed? Kids are one week on one off. 50/50.

    But she refuses to get a job.

  • anny

    i just got divorce and agree to alternate years, but only get $100 a week for child support..i have full legal custody.. but now i rather release him from child support so I can calim my baby,,he was never around and it is more of a moral situation… can i change this so i can claim her always and remove him from child support..

  • anny

    i just got divorce and agree to alternate years, but only get $100 a week for child support..i have full legal custody.. but now i rather release him from child support so I can calim my baby,,he was never around and it is more of a moral situation… can i change this so i can claim her always and remove him from child support..

  • Aaron

    Within the last year, my 59-year old uncle moved into my parent’s home because he was unemployed and basically homeless. My parents both work and make a modest income. He suffers from mental illness and has a history of chronic unemployment. It’s likely he will be staying with them for quite some time, and his presence creates a financial hardship. Are tax benefits available?

  • david

    hi,
    my ex wife has my daughter for 4 days then i have my daughter for 4 days her mother is claiming all the benifits can i also claim for her?

  • Joie

    I live in PA with my mom but would like to go back to my home state for college. Can I claim residency if my dad still lives there?

  • marcela

    Hi. Im divorce.My ex has our children per court order 27% of the time. He pays monthly child support paymetns.we both joint custody. is he entitled to claim our kids on his tax return? thanks.

  • Rhiannon

    In July of 2010, I had a child support hearing with my ex-husband (who at the time I was still married to). In the child support hearing, he brought up the issue of claiming the children on our tax returns. At the time of the child support case, we had already filed for divorce and in the parenting plan it stated that we would alternate claiming the children on our taxes. The judge of the child support hearing told him that since I was paying the higher percentage of the financial resposibilities and that the kids lived with me, that I would be the one to claim them every year despite what was on the divorce papers. When we went to the divorce hearing in November of 2010, this was brought up again and the divorce judge said the paper work would be corrected to reflect what the child support judge had already VERBALLY mandated. When the divorce papers were returned to myself and to my ex-husband the correction hadn’t been made. My question is, despite what it says on the divorce papers, can I still legally file without being in contempt of court? Are the divorce documents still upstanding when it comes to the IRS or does he still need me to sign and file form 8332?

  • Michele

    My boyfriend has joint physical custody of his daughter with his ex. They were never married and never had any written custody agreement.She Filed for child support.He did not fight the child support and has been paying it. He workes, the ex does not work and is supported by her husband. My boyfriend has been taking the exemption for the kids because she does not work.

    It turns out her husband is paying her as an employee to fund a 401k for her( even though she does not work for him), and they have been deducting his daughter on thier taxes also. Her husband is a dentist and makes in a month what my boyfriend makes in year.
    Without an 8832 and a custody agreement, who would get the deduction?

  • CJ fla

    my girlfriend and i have split up and our baby was just born in april 2011. as of now (almost august 2011) the ex does not work or pay for my child. i pay for her insurance, diapers , wipes formula etc. sometimes her parents will pay for things for her, but i pay insurance and co pay for every doctors visit to date. im worried that she will try and claim my daughter even though shes been out of work since october 2010. i have no problem giving her parents money from the ammount i recieve as my daughter lives under my roof however i do not feel either they or my ex have the right to claim the daughter i insure and support without question. please let me know my options and thanks in advance.

  • doug

    my wife and i are seperated. and i have a court order stating that i can file tax exemption on the kid. well the moved out of state. i was wondering will i be able to continue to file taxes exemtion on my kids/

  • Sarah

    my divorce states that as long as my ex husband is current with child support payments, he can claim one of our children on his tax returns. in november 2010, he started making support payments, but he still owes $1900 in arrearages. he is making regular but minimal payments on those arrearages. last month our judge allowed him to claim one child for 2010 because he was “making payments” on the arrearages. is that legal? if he owes arrearages, i would not consider him “current”.

  • Nicole

    My 2003 divorce states that my ex-husband and I are to alternate claiming our son as a dependent on taxes ( this being my year). We have joint cutody but my son has been spending more time with his dad since May of this year. Can he claim our son this year and future years because he is the custodial parent?

  • Trenyca

    Me and my children father has shared leagal custody of three children, but I have sole physical custody of the minor children. CAn my ex file for any of the children with out my permation.

  • Karen

    Hi,
    I was divorced in 2007 with 3 children. I am the custodial parent. Per the settlement agreement we agreed to alternate one of the children every other year when filing our taxes.
    Two of the children are now enrolled in college as freshmen and it has become a nightmare tryign to obtain copies of the tax returns from my ex-husband. This has caused a hold on the fiancial aid process. I would like to be able to file for the two older ones so that we dont have to go through this again. My exhusband is paying child support and because he has the higher AGI we agreed at the time of divorce we would alternate. Visitation has been sporadic and I have heard every excuse in the book. Is there anything that I can do inorder to file at least for the two college bound children on a yearly basis? Does the decree supercede that tax laws regarding non-custodial parents filing for their children? I have reviewed the infromaiton on form 8332 but that infroamtionis not quite clear. Please help I dont want my older children to have to go through this during their college life.

  • tina

    I have a question I am 23 years old and I have a three year old daughter, I work but I still live with my parents could they claim me for their
    refund? I want to file my return and claim my daughter but they might claim me or my daughter behind my back and I might get in trouble… advice please and thank you.

  • ASH

    IF I HAVE TO LET HIM CLAIM THE KIDS WITH A 8332 THEN CAN I STILL CLAIM THEM UNDER EIC IF HE DONT QUILIFY?

  • ted

    Do I have the right to claim my child on my tax form? I am not the custodial parent, but I am the only source of income (child support). The mother lives in her mothers house with my son. She has never worked. She says because her mother provides a home, that is over 50% of the income. Is this really the way the law works?

  • Aircrew

    If I am recently divorced and my ex wife is living with her dad and doesn’t have a job, can I claim my child on my taxes given that my ex wife doesn’t have a job and hasn’t had one for the entire year? Or is her dad allowed to claim her since she lives under his roof?

  • kicoow

    I have one child in college & another who will attend next year. The child in college did not qualify for any financial aid based on my income (we fall in the category of too much for help, but not enough to pay for it out of pocket). The other child is a high school senior has a part time job & I work full time. If his father (we have joint custody) were to claim him as a dependent on his taxes, he would qualify for financial aid for college next year. Is there anything illegal or wrong with us doing this? I’ve always carried the kids before, but need some help for 2 college educations at one time.

  • Mohammed S Sharif

    i Want to know how much could i receive if i claim 3 dependent example only iam working with my pay around $300 per week and my wife and 2 kids are unemployed. my 2 kids are baby.

  • Janet

    I am going through a divorce and we have two adult children in college …ages 19 and 18. They both live away from home/on campus. My husband is asking to be the head of household for tax purposes. As part of the draft settlement, he stated that he will no longer pay car insurance for the 19 year old as of May. I offered to continue to pay medical insurance through my job which is $250.00 monthly for the children. We have college funds established and my husbanc pays tuition and then is reiimbursed through these established funds. His request to be head of household will give him tax breaks I won’t have. This feels very suspicious and unfair to me. Your thoughts?

  • CA Mom

    The father gives me medical bills for the last 5 years for my child and wants me to reimburse him for half, but it is past the 30 day notice required by California family law. If they have claimed these medical expenses on their taxes the previous years and then I pay him for half at a later time, is that legal? Is it tax fraud? May I claim these past medical expenses on my taxes this year if I pay him?

  • Donna

    My sister and her husband share joint custody of his two young childern. He gets them at least 1/2 time per week as does his ex wife. He has been claiming them on his IRS taxes each year due to the fact that he pays all their health insurance and does share custody. Now the IRS is saying he is wrong and must pay all back taxes paid to him based on their dependency status. Is this correct and how does he fight it? Can he just send documents such as the divorce decree, check stubs showing payment of insurance premiums for them, etc? They spoke to a lawyer who says their is nothing that can be done!

  • Jesse

    my ex and i have been seperated for 3 years now and i get my daughter every 2nd weekend. to this day i do not pay child support but over and over i have told her mother that i want to pay child support but she says she doesnt what me to why would this be and can i pay it without her consent?? i dont get much say when it comes to school holidays and other times that i want her more often. can i clam for any thing for my daughter? what are my rights as a father that whats to see my daughter more often and have more say in her day to day life? please help Thank you

  • heather

    I have a question…My son lives with me 90% of the time, he goes with his father only every other weekend. His father pays 400.00 a month in support, and 120.00 a month in child care. We came to this agreement when our son was born, since we were not together at the time of his birth. He is now 14 months old, and we never went to court, because the agreement has worked all this time. Last year I claimed my son on my taxes as a dependent. I am nervous that this year he is going to try to work something out with me that he claims our son. Without making things miserable I would like to give him something, but I don’t think he should be entitled to the entire refund. Is there anything I can do? Maybe sign an agreement that I will give him only the 1,000 EIC? Please someone help! Like I said I don’t want to make it completely miserable between me and my son’s father…

  • Tw

    My husband is required to cover his daughter for health insurance per the divorce decree with his ex wife. Everything i have read about a dependent for health insurance states that a dependent must be a dependent on your taxes, does that mean that we would get to claim her. I know there is no form 8226, but if the divorce decree states that he has to provide health insurance, and in order to provide health insurance she has to be a tax dependent, that would mean he should get to claim her right?

  • David

    I would like to know about claiming my children on my income tax. My wife and I recently separated and she does not work. I pay child support, can I claim them on my tax return for 2011? Also since my wife and I have were together the majority of the year do we continue to file “married filling jointly”? She told me she was going to apply for food benefit will that affect me if I am giving her child support?

  • Laurie

    My son and girlfriend, (never married), have a daughter. The mother moved out in 2010. In 2011, my son got 50/50 joint physical/legal custody. The Court Order granted the mother every other year of tax exemption of daughter. In 2011, the mother had maybe 10% of time with my grand daughter, lost several jobs, etc., and has paid nearly nothing to support child. My son deployed in July for Kuwait. He has supported his daughter the entire year, daycare, all of it. I have been awarded his rights during his deployment. Although the Court Order states she has right to exemption in the upcoming year, does this situation in any way legally give my son that right as the mother has not supported child at all, and has had minimal time with the child? My grand daughter has lived in our home the entire year of 2011. Please advise. Thank you.

  • Stephanie

    My ex and I were never married and have lived apart for several years. I have claimed our daughter as a dependent all 4 years of her life, as I had the majority of time with her. Our court orders state that we have joint custody, but that I am the primary custodian. I have the higher AGI between us. This year, due to unforseen circumstances, my ex will end up with just over 50% of overnights with our daughter. For this reason alone, does that mean I cannot claim our child, despite the fact that I’m the primary custodian, did not sign the IRS form giving him permission to claim her, and our court orders have not changed?

  • Toccara Jones

    I have been married to my spouse for almost ten years, we are separated now (not legally), i am a stay-at-home mom (which makes me the custodial parent), and up to last year we have filed jointly on our income taxes, although this year, there’s a good chance that we won’t, but he still going to claim the kids on his income taxes seeing as though i can’t file due to being unemployed, will i still be able to receive anything from income tax or for him claiming the kids?

  • Angie Schwartz

    I am divorced from my husband and the children reside with me, as my ex-husband lives out of state. He has visitation privileges 4 weeks out of the year. In out divorce agreement, he gets to claim one of the children this coming year 2012. Because the child resides with me, can I claim the child even with a court order?

  • Rucko

    In a divorce, 95% of the women get children and the child support payments.

    It’s the INJUSTICE of Family Law in America that have caused so many men to take JUSTICE to their hands to KILL their Ex-wife.

    I sympathize with these men and pray for more to do so until the laws are no longer skewed toward women to receive the children and child support.

    • Stacey

      Amen!

  • Jessica

    my sons father and i have not been together since we found out i was pregnant and that was over a year ago. my son is now 6 months and lives with me full time his father hasnt seen him since june so the baby obviously doesnt stay overnights with his father. my question is can i claim my son even though i am not working??

  • tommy jackson

    could you help me a split from my partner last year in october and we’ve got a little boy wots 2 years old and shes always using him against me and im sick i have me little boy 7 days 1 week nd she does the next i dnt claim anythink for him and she says shas guna go for csa of me she gets everythink wot should i do

  • Susan

    My ex husband was awareded the tax exemption in our divorce 10 years ago. Also in the divorce he was supposed to pay other obligiations like 67% of medical, part school costs, sports ect. To date my ex has not ever paid a single medical bill (and there are tons, in 2010 alone my out of pocket was 7000) So I decided to claim the children on taxes. He said I am breaking federal law, the IRS says federal law trumps civil and that I am intitaled to the exemption by the IRS standards but could be held in contempt for the civil part. Would I have a leg to stand on if he sues me where i can show documentaions that he has not upheld any of his duties from the divorce?

  • JenniferNunyabizness

    My ex and I have joint custody of our four kids, and he pays child support, so he gets to claim them on his taxes, per our state’s law (Idaho). Recently, one of the children who is a teenager has decided to live only with me. My ex agreed, and my son has lived with me for the last three months and plans to continue to live only with me. Can I now claim him on my taxes? I can’t pay thousands of dollars to a lawyer again, I need to know what my rights are, so that I can negotiate with him intelligently.

  • Sheila

    I was divored in April of this year. I am now getting remarried before the end of this year. I had been a stay at home mom all the years of my first marriage, when we got divorced I was enrolled in school full time and still am. I have not worked outside of the home all this year I have been a full time studen, but my fiance has worked all year. My question is in the divorce decree we agree we would each claim three kids, I have six. So can my fiance, who will be my husband soon, claim my three kids once we are married for the 2011 year? I know that because I didn’t work at all this year I will not get anything back if I file, but if we file as a married couple will we still get the earned income tax and be able to claim the kids?

  • Reggie

    After my divorce was finalized my wife’s minor son had surgery and they had it billed to my insurance. She knew that after the divorce that he would not be carried on my insurance. I am now being sued for the surgery. Was it illegal for her to use my insurance?

  • Stacey

    My husband’s ex-wife is re-married and has another child; she doesn’t work but all of 3 of my husband’s children are in school and she chooses to stay home with her child. He pays 100% of the child support which is disgusting in itself. We have the kids less than 50% of the time with my husband as the sole financial provider. She can’t file taxes without an income and her husband makes minimum wage which supposedly pays for two adults and their child. Legally he doesn’t pay for my husband’s children and financially he CAN’T afford them. Her husband files taxes and he has claimed one or more of my husband’s children. Is he lawfully allowed to do so since they are not his children and he does not contribute to their monetary care?

  • chris

    i have a newborn son that was born on the 19th of October this year i live with him and my girlfriend at my girfriend’s parent house can i still claim my son on my taxes?

  • Mackenzie

    I’m on social security & I have a son & I’m not married, i wanted to know if i can claim taxes on my son, while being on social security.? thank you, sincerly, Mackenzie Hawn

  • Lety

    My husband has a daughter previously from another relationship.
    SHe is 11 and lives with her mother only- we pick up per EVERY weekend and my husband pays child support every Month. We usually claim her every year on our taxes because her mother is on disability and does not have an income- we usually split the credit between her mother and us. This year she has mentioned someone else will be claiming the daughter and giving her all the money. Is this legal?
    Can we do something about it? We really don’t want someone else out there with her social security number and we have ALWAYS filed her with our taxes since she was born 11 years ago. Please help

  • Marcie

    My son’s father text me saying he was claiming him on his taxes in 2012, but I am the custodial parent. My son’s father pays $290 a month for child support and spend every other weekend with him. Will he get away with his?

  • David

    On my divorce papers, it states.. ‘Petitioner is entitled to claim the parties’ minor child as a dependent for tax in odd numbered years.’ .. Does that mean the TAXed year, or the physical year? As next year will be 2012, however, we will be filing for 2011, does that mean the petitioner is entitled to claim the minor child(ren)?

  • Tony

    I have a court order that states my ex and I can claim my daughter every other year for tax purposes. My Daughter lives with me and I have files in the past years the way the court order states, but I have recently received information that my ex did not claim her nor did she file a tax return for the last 5-6 years. I need to know if I can go back and file an amendment to my taxes for each of the years that she did not claim my Daughter as a dependent of mine? If I can is it possible that my ex could decide to file her past taxes and what problems would that create for me?

  • mariii

    i live with my parents and i want to know if my parents can use my kids as dependents if my ex husband pays child support.. since the child support agency told me that the parent that has custody of the kids has to put them as dependents… can i do that?

  • JasmineS

    I live in Pennsylvania & from January to July, my nephew from Texas came to live with me and I had temporary custody of him for that time also. My question is can I claim my nephew on my taxes for the time I had him here with me?

  • Dawn

    My ex-husband and I are recently divorced, and my new boyfriend of a year has supported my children for that year, can we file out taxes together and can he and I claim my children?

  • Michelle

    My son’s father and I were court ordered to claim my son every other year on taxes. In 2010 it was his dad’s year to claim him. My son turned 18 on November 30, 2010. Is his dad still able to claim him since he turned 18. He continued to pay child support until May, 2011. Thank you

  • Kirstie Wichman

    If my ex owes child support I was told that in Colorado he can’t claim the child on tax returns. What is the amount they can still owe and claim the dependent? I can obtain the report on what is owed from the FSR it is less than $500 so they will not take the return but he finds way’s to just hold out a few dollars under the line consistently to avoid payment.

  • Cathy

    If a divorce settlement was filed in the year 2011 (4-19-11) with the agreement that each party would claim one exemption (there are two dependents) would that agreement start for the tax year 2010 or 2011?

  • FELIX

    I LIVE IN CHICAGO ILLINOIS AND PAYS CHILD SUPPORT FOR MY CHILDREN WHO STAYS WITH MY WIFE IN INDIANA. WE ARE NOT YET DIVORCED. CAN I USE MY CHILDREN TO FILE TAX SINCE MY WIFE HAVE BEEN USING THEM TO FILE FOR THE PAST TWO YEARS?

    • FELIX

      WHAT DOES THE LAW HOLDS ABOUT USING MY CHILDREN TO FILE TAX AS I STATED ABOVE?

  • Dora

    I have residential custody of both my children. Their father and I never got married but have joint custody. Recently, my daughter doesn’t want to be with her father and he doesn’t have the children stay over night. He payes for our daughters daycare and usually we go half on some of our childrens necessity. My question is can their father claim them on his taxes even though the children live with me? What is the differance between custodial and residential custody?

  • jasmine

    In the year 20009 my youngest sister wasn’t working and she and her son lived with my oldest sister. That year my oldest sister claimed my nephew on her taxes since she provided all of his needs. In the year 2010 my youngest sister and nephew lived with me the entire year and I provided all of his needs. I received a letter from the irs and come to find out my oldest sister claimed my nephew again for 2010 despite the fact that he did not live with her and she provided nothing foe him. And I think she filed 1st. Where does that leave me, the rightful person to claim him? What should I do?

  • Emily

    I am seperated from my ex and we have joint legal custody of our daughter with physical placement in my home. He has visitation and hardly pays child support. I am married now and was wondering if my husband can claim our daughter if she lives with us more than 50% of the time and he pays more than 50% of her living expenses?

  • al

    hi im wondering if i could add my son as a denpendent on my form w 4. even though hes out state with he’s mother. I help support him and everything. should it be a problme?

  • K.D.W

    So I have 2 kids with my ex, we were never married and in the process of filing a parenting plan my ex filed a child support order, I have legal custody of both the kids and they see their dad 2 times a year due to the fact we live in another state. My ex had his attorney file a child support order and in that order it stated that he gets to claim the children on taxes and he doesn’t have to provide medical while the kids are on state insurance. I never agreed to this at all and made it clear to my attorney I didn’t want him claiming the kids. She told me not to worry about it but in the end I got screwed, it is only a temporary child support order but how do I get it changed. He does pay me $350.00 a month child support. But I know for a fact that he qualifies for the EITC or EIC whichever it is, I know how much he has gotten back in the past years for claiming our kids when we were together and It was always around $4,000.00 which is about what he pays a year for child support, therefor getting all his child support back at the end of the year. My new husband is a hard worker and is now raising my 2 kids and providing medical and my ex and I have a disabled son and he doesn’t even know how to take care him. I don’t think it’s fair that he claims them and I know if my husband did to us it’s not about the money cause we don’t even qualify for the EIC but were raising 4 kids his and mine and I need help to fix this if anyone has any advice please help. THANK YOU. Oh also our parenting plan was made in Washington State and I now live in Illinois. Thank you again.

  • imran

    Can I claim for low income or tax credits if I’m separated and paying 4 my children. As my hours would be cutting down and would not be able to live off what I’ll be earning

  • Connor

    It’s very sad and disturbing that most women who make comments on this site only want to take all the benefit of tax deductions for themselves in regard to dependents. It seems these women feel entitled to all the benefits and they cannot allow themselves to share the tax benefits with their ex-husbands due to their own obvious vindictive bitterness. Ladies, try to let go of your personal vendettas. All the negativity towards your X is unhealthy and serves no good purpose in life. To all these women: get a life and stop playing games to satisfy your own personal issues that you can’t let go of. You mutually decided to have children with someone you obviously loved and enjoyed life with, so try acting in a more evolved manner and share in an equitable and collaborative way with your X.

    I see so many females commenting on this site about scheming to get their x’s in trouble with the IRS and the court. Those women are sick and twisted and there appears to be many of them thinking this way. If you choose to act in a flexible and collaborative way with your X, you would all realize that this is best for promoting positive co-parenting relationships. Stop fighting with your ex-husbands. Acting collaboratively by sharing will be best for your children and a positive co-parenting relationship. Sharing means, alternating the dependent tax deduction (providing all support payments are current) and sharing time spent with your children as much as physically possible. Ladies stop your bitterness. This serves no benefit for your children and your children’s relationships with both parents, as all kids deserve to have. Having courts and lawyers involved in your lives is no way to go through life. Courts and lawyers do not care about you or your children. These people (lawyers) only care about creating conflict in your life between you and your X so they can continue to have jobs and extract money from your bank accounts until you have nothing left.

    Women are so blind from their bitterness that they fail to grasp this concept. Instead women would rather bicker in court and pay low life lawyers fees, when they could instead try to work things out in a fair and equitable manner with the X outside of a courtroom. If women only had the ability to rationalize without emotions then this problem would be minimized tremendously. Most woman unfortunately, are not mentally capable of controlling their emotions and letting go of negativity.

    • Jessica

      Some women are as you say, as are some men. It’s human nature to be selfish, however I am not one of those women and I am insulted that you would leave a comment grouping all women together as some evil force of nature out to destroy a mans life. My ex was abusive to myself and my daughter and when she was a year old we separated. On numerous occasions I attempted to have him visit with his daughter without any response. I also asked him for some fiscal support on two occasions without any positive feedback (and the amount was $50 the first time and $75 the second over the course of several months). He decided to take me to court when tax time rolled around and I told him that I was going to claim her since he had not seen nor provided in any way for her. He was denied joint custody, awarded with visitation every other weekend and was made to pay child support. He continues to neglect our child and is constantly behind on his support (which is less than $30/week). I’m not saying that all men suck, but the next time you see some “crazy” man hating woman you should know that she is probably that way for a reason. Women on a psychological level are actually extremely aware and able to make logical decisions just as well as men. My ex beat me and bit my daughter on a daily basis at one time. He claimed that he felt that our daughter had nerve damage due to the fact that she was premature and that she was bruising herself. When I had her tested for every condition under the sun that could possibly explain her injuries and nothing was found he admitted what he had been doing. I allowed him in my life even though he was abusive toward me so that he could attempt to have a healthy relationship with his daughter and as soon as I discovered the abuse he was dealing toward her he was made to leave. I feel that you may have been burned by a woman or women in the past but keep your negativity to yourself and keep facts separate from wild opinions. It is not helpful and quite frankly, you make me sick.

    • John

      Well said Connor. Although you are generalizing all women (which I dont agree with) there are a lot of them out there that act just as you said and some men as well. Very seldom do things work out for the best interest of the child although, according to the courts, that is what their decision is based on. Baloney!! The courts are definitely slanted towards women and the men get branded as dead beats even though many women make things so difficult that difficult that you spend the time with your kid worrying and wondering what the next chapter will be with your ex.

  • laurie

    My husband and I have not lived together for over a year. We have no legal separation or custody agreement. My 20 year old son is at college most of the year but when home spends most of his time at his dads residence. Can I claim him on my tax return? How do we file? Last year we filed jointly but he never gave me my agreed upon percentage of the refund. I afraid he will try something under handed.

  • James

    I have a question about the child tax credit and the earned income credit. I was told that I could use the child tax credit from my 3 kids and their mother use the earned income credit portion of a tax refund? Is this true.

  • Lori

    I’m asking this question for my boyfriend. Clark got divorced in May of this year. The same month his ex-wife passed away. His youngest son (Josh) who is 16 has chosen to live with my boyfriends sister (Rhonda) So she has kept him for more than half the year.Clark doesn’t pay for any of Josh’s needs. Josh draws a survivor benefit of 380. a month which goes to Rhonda. My question is can Clark claim Josh? He doesn’t meet all 4 of the requirements for qualifing child since he doesn’t live with us. So does that mean Rhonda can claim him under qualifing relative?

  • erin

    My son is in temporary 1017 custody with my mother since November of 2010. I am still in court now. He is always at my home. my question is..can I claim him on my tax return for this year? My mom says no because he lives there so she wont let me. But isnt there a way for me to claim him. I mean the IRS doesnt know where he lives. And I thought that anyone could claim the dependants??, doesnt matter if he lives with me or not right now.

  • Marie

    Can I still claim my 18 year old grandson, a full time college student as a dependent this year?

  • Jessica

    My ex-boyfriend has visitation with our 41/2 year old daughter. At the time that our child support order was establish he had a lawyer and his lawyer wrote the order. When I received the paperwork it stated that I was to claim our daughter on even years, and he was to claim her on odd years. The order didn’t state what was to be done in the event that he ceased paying child support or had fallen behind. He is currently just under $1000 behind and wants to claim her this year on his taxes. Is it legal for me to claim her even though it is his year to do so since he is behind?

  • pat

    Hi im a mother of one shes 3yrs old i just got separated i moved out 2 weeks ago…is it okay if i file by myself claiming my daughter ???or should i put it on writting that we both agree about this situation me filing by myself??than you

  • Corey

    If my seperation agreement says I can claim my daughter every year, as long as i am caught up on child support, do i have to have her sign a form? She will be upset and refuse, I am sure. She is on disability and has no job so my lawyer fought for my right to claim her. My ex isn’t happy.

  • http://none Vanessa

    My boyfriends divorce was in Nov. 2010. It states in the degree, that he is the primary parent, and the children use our address for schools, doctors, etc. He does not know if this means that he can claim all children this year? Have any suggestions? Thanks!!

    • John

      Sounds like he is the custodial parent then. He should be fine. If he is listed as the primary (custodial) parent and it sounds like he has them more than 50% of the time.

  • theresa

    I have been split from me ex for over three years we have never been married. We have two children together. He gets them every other weekend and has not been paying his support all year.He has claimed them in the past but, now i want to claim them this year and he wants to claim the children we live in Michigan. Can he?

  • jess

    according to my divorce papers, I can claim my child every year unless I am unemployed. I am married and work from home as an office manager to my husbands and my business so there are no w2. we file together and my daughter lives with me most the year. can I claim her.?

  • Gloria

    I have been divorced for three years now. In my divorce settlement agreement it states that my ex and I will alternate years for taking exemptions for our three children (21, 19, and 16). This year my ex is supposed to be able to claim the 21 year old and the 16 year old; however, he is not fulfilling any support to the 21 year old even though he is supposed to be paying his college tuition. He also refuses any monetary support requested from my son for rent and other expenses. Can he still take the exemption, even though I co-sign on student loans and am currently paying back interest on these loans? Thanks.

  • hector

    I’ve been claiming my son since the day he was born and I’ve been working since I was 18 me and my sons mom split up but until now she wants to claim my son on her taxes but I’m confuse she told me she talked to the irs and they told her she can with a pin number bcuz she doesn’t have a social but also she doesn’t work, she never worked bcuz she doesn’t have a social so she never got a legit job only got payed in cash for about a minth and she is telling me she is going to claim him this year when I make over 30,000 a year and she doesn make anything. Can she still claim my son with no income.and can I still claim my son bcuz I told her I was going to take him off as my dependant . Oh and also I am paying childsupport as well and we have joint custody of my child.

  • Adelle

    In early 2009 my ex and I had a divorce agreement to where we shared joint 50/50 physical and legal custody and in an addendum we agreed to where I would claim a child and he would claim the other, but in 2010 he filed for the 2009 tax year he claimed both kids, so I turned him into the IRS and the IRS let me claim one child for the 2009 tax year and they said they would deal with him. Since our divorce agreement he has taken me to court 4 times to get more custody, in 2010 I had full physical custody but in 2011 it changed to now I am the custodial parent but have joint physical and legal custody.Since there has been so many changes to the custody of our kids does this change the original divorce agreement when it comes to filing taxes?

  • Michelle

    My husband and his ex wife have a son. Their divorce decree gives her primary residence, but the parenting plan is supposed to split the physical custody time so it is 50/0 however the child has stayed with us 200 nights of the year. (yes I keep a calendar) who is legally eligible to claim him on taxes since the decree does not mention it?

  • Jacqueline Hewitt

    Can i claim my 5 month old and 2 year old if i am not working?

  • johnathon smith

    i have paid child support all this year. the mother of my child hasnt worked anywhere all year. my question is do i have the right to claim him as an dependent. i owe back time child support so what she say she’s going to do is get my taxes plus get someone else to claim him. help please

  • Merritt Rodriguez

    I am confused My oldest daughter see her father every other weekend and the court allow him to claim our daughter when she resides with me and my husband and the father only pays $64 a week in child support. every other year he claims her but he doesn’t pay 50 percent of anything my husband pays for everything or have her for half a year how is this possible…. what to do??? I live in NJ.

  • Todd

    I am divorced, the judge ordered we split who can claim the children,(we have 3 children) one year one of us will claim 1 and the other parent claims 2, and the next year it switches unless she doesn’t work then I will be entitled to claim all three. We have joint custody but they live with her more than with me. What will happen if she tries to claim all the children.

  • Curtis

    My question is my ex-wife is demanding half of my return differance to allow me to claim my 2 children as she doesn’t work and has no income to claim. Is this legal or extortion? She will not sign form 8332 unless I agree to her terms but I do have a document from her that says I can claim them if she has no income to claim. I pay child support and I am current.

  • Misty

    My divorce was in 1996 and at that time my ex was given the right to claim one of the twins on taxes each year and I get the other…. He hasn’t seen them in 7 years and I do not receive any child support any longer. The kids are 16. (he was only paying 18.00 each month prior to it stopping a year ago). I support the kids 100%. The decree says he gets to claim one….Do I have to obey the decree in these circumstances or can I claim my son this year?

  • Noe Valdez

    I pay child support for my 2 children and I was wondering if I claim one of them. I am still married to their mother but we arent together .

  • suzanne

    There is no agreement reguarding taxes on my almost 2 yr old daughter. Her father is behind on child support. Almost all of it. I can claim her right?

  • Culon

    Hi Monica,
    I live in the state of NJ and have full custody of my son meaning he lives with me and my son’s father is threating me to claim my child next year. He only pays 60 dollars a week thru child support and he sees him one weekend a month most of the time he said thru law he is entitled to claim him. Is this correct or what can i do to stop this from happening since i think he has my son’s information. Thank you.

  • Michelle

    Hi, I live in the state of VA and my Boyfriend who is from KY has lived with me for 2yrs, he has full custody of his daughter….in 2011 he did not work any and I have provided 100% of his care and his daughters….Is there any way that I would be able to claim her on my taxes?

  • Amanda S

    My husband has a court order that he claims his son every other year on his taxes. The child’s mother is saying that since we are filing in 2012 it is her year to claim him. Do we still have to have the form from her to claim him or does the court order take care of that?

  • Dmc

    My ex wife never worked last year and court gave us joint custody they lived with me for 7 months past year then she moved to her moms he claims she will. Claim but never worked a day in her life and I’m military so do I have the tax rights for this year ? And she claims her mom can claim bcus now they live there

  • Joshua

    Me and my daughters mother were never married and we dont live together or anyhitng and my daughter lives with her. I still see my daughter at times but was never requested to pay child support. Can i still claim my daughter on my taxes?

  • Jason

    my wife and her ex have 2 boys. 1 lives with the dad and the younger one with us. The court papers say the father will claim the boys in even tax years and the mother in odd tax years. Does this mean she claims them on her taxes we are filling this month? Since we are filing our 2011 taxes. Or does he claim them?

  • Dennis

    If i do not have custody of my child but i pay her mother money monthly (out of pocket) and her mother does not work but wants her grandmother to file her daughter on taxes, should i be have the abiltity to do so instead?

  • jessica

    i want to know if my fiance can claim one of his kids on his tax return even though he has being pay child support

  • Jeanette Lutz

    It is in our divorce decree that my ex claims our two girls but there are other parts of that decree that are not being met. He is not seeing them every other weekend and he is not paying for health insurance (we are both suppose to have health coverage for them-he does not). Can I claim the girls based on the fact that both reside with me 24/7 and I pay all expenses? I do receive support, but that amount only covers the cost of my mortgage.

  • Confused…

    I have 2 Children that I have been raising on my own since 2009. Their father was out of the country until July 2011. We only have a verbal agreement that “if he pays child support like he is supposed to and see the children on his allotted time, he can claim one child starting next tax year”. When I went to the Divorce hearing the Judge told me that I needed to claim them both this year since:
    1) he only paid child support for 2 months ($400 per month), and
    2) He has only seen the children 2 times since July (He is supposed to have them all summer, and every other weekend) Both times he had them he was supposed to have them for 2-3 weeks, and called after a week to pick them up because he couldn’t handle them.

    Now he is pushing me and wanting to claim one of the children on his tax return. I told him that it would screw me since I have been claiming them all year. He doesnt care. He has only been working since Sep 11, but I have been working all year FT. He told me that he needed the money to get an apartment so that he can see the children more… What rights do I have?

  • Shannon

    My ex husband and I have a court order that reads, We each get to claim one child on our taxes. (we have 2 children) But him getting to cliam our son is conditioned on him being current in child support. My question is, is that current at the time I file taxes, or current at the end of the year?

  • dustin

    ok i left my wife two months ago were not legally seperated nor devorced yet and probly wont b devorced before taxes but i was the only one with a job for the last three years until i left her two months ago and she just now got a job. my question is can she take or claim my kids. i supported them all the way till october of this year so she get the money we get back each year from our kids? / if we are devorced before taxes can she get them thin?

  • Ruben

    I have two daughters, I am divorced and the decree does not mention anything about who should claim the children on the Income Tax. We have joint custody of the children, I pay my child support on a timely basis (18,000 a year) and would like to claim at least one of my daughters. Is there anything that can be done ? My ex-wife will not agree on a friendly way to the release my right to claim at lest one of them.

    Thank you

  • Dawn

    My boss is self employed and is in the middle of filing his 2009 tax return. He is not legally separted from his wife, but they have lived apart since June 2011. She told him that he can’t claim her or any of their four kids on his 2009 & 2010 taxes, even though they lived together as husband a wife for both years. Can she legally do that?

  • Dawn

    My boss is self employed and is in the middle of filing his 2009 tax return. He is not legally separted from his wife, but they have lived apart since June 2011. She told him that he can’t claim her or any of their four kids on his 2009 & 2010 taxes, even though they lived together as husband a wife for both years. Can she legally do that?

  • Maldito

    My Friend entered the US and is currently a resident. He later brought his 2 daughters from his country. He since then has sent them back. He claims them as dependents even though they have been outside of the country for over a year and half. Is this something that would be considered legal or not.

  • Shanna

    Can I claim my child as a dependant if her father and I both paid child support to the legal guardian as well as the legal guardian claiming her as well?

  • Danielle Hyry

    i have full physical custody of my son. his father and i are going to court next week for the final court date on our divorce ( as long as everything is agreed to). i am the plantiff but his lawyer is writing the judgement because i do not have the funds for a lawyer. in the judgement she wrote that the plantiff & defendent will alternate years for tax exemptions on our child. i am going to fight this to be able to claim him as my dependent every year, as i am the physical custodian. would this be accurate to do so? Thank you for your time.

  • Melissa

    My ex just asked me the other day to claim our 6 month old child, he says because he was looking around for information and with his FOUR jobs he will owe out of his taxes 95% of back child support(when the case is opened but we have no idea when he is supposed to start paying and how much). She lives with me and he takes her for a few hours (usually when she is asleep, monday nights and thursday nights. Also, every other weekend if he can) But I am her the most. I have no job currently, but am on Welfare. Can he claim her? Especially with his NOT being on the birth certificate.

  • Tiffany

    my childrens father was recently granted temp. custody of our two children in nov. I have had them since they were born and he does not see them. he has also recently lost his home and i have the children he was paying child support until he filed for custody. now i get nothing. is their anything i can do from this point. also he says he is going to claim them on his taxes. can he do that?

  • lindsey lorenzana

    im the mother of three children and a single parent i dont work and havint for a long time but i have had my kids full time for over 5 yrs ive heard about the tax stuff for the kids do i qualify and also have had no child support

  • Carie LaMarsh

    My ex husband was paying me child support from 2003 to 2008 and he took me back to court in 2008 to fight me to pay him child support because she lived with him the majority of the time. He won and had my wages garnished because I could not afford a lawyer. The garnishement lasted for less than a year and then he divorced so she has lived with me full time since 2008 and he had the garnishment stopped himself and now pays me a minimal amount a month because I can’t afford to take him back to court for full support and has for the past 3 years.

    The old order for child support that has been since 2008 said that he gets to claim her on his taxes. Because she lives with me full time and has for 3 years and the court order is not in affect can I claim her?

    Carie LaMarsh

  • demarco

    QUESTION. me & my spouse has been seperated more than 6 months , over 5 years.. she get disabilty which she didnt report tha income at the court. she let someone else claim our child each year . plus alone with me in tax year 2008 . i havent claim him since then an have had to pay back over $2500. i know she wouldnt fill out the FORM 8332 for me out of spite for tax year 2008. i am now tried of losing my hard earn money .. i pay alittle over $5000. a year in child support for one child . the child doesnt stay with me often cause i now live in another town .. what is there i can do about this

  • Anne

    My ex-husband and I divorced in 2009, and agreed to the every other year claim of our son. However, he intends to claim our son this when he didn’t see him for even a moment in 2010 or 2011. I provide most of our son’s support, although he has paid child support 9 of the last 12 months. Can he rightfully claim him this year?

  • Beth

    Who can claim the child after he turns 18 in April, and he is still living at both houses as if there was shared custody. His father claimed him in previous years, but can I claim him this year?

  • kim

    my stepson turned 18 in april. his mother can claim him according to my husband’s divorce decree, however, her son hasn’t lived with her in 3 yrs, at all! since he is 18 and he has lived with us and been supported fully (except for child support for 5 months) for the whole year, can we claim him? my husband also had full custody until he turned 18.

  • Kat

    My husband wants to claim his son on our taxes this year. His ex-wife has claimed him in the past but there is no written agreement as to who gets to claim him on taxes. She just always says that she claims him so we don’t. She is now remarried and neither one of them has worked all year except for her new husband has been on unemployment. We share Custody 50/50. She has him on Mon, Tues and we have him wed, thurs, and we switch every other Friday, Sat and Sun. If there is a fifth weekend we Alternate years, we get him on even years. He goes to school in his mothers town which is about 15 min from where we live and we take him back and forth to school on our days. We also pay child support. About 95% of the time we take him to the doctors when he is sick. We pay for all his sport activities and all medical bills. We were wanting to claim him this year on our taxes so my question is….Can my husband legally claim him?

  • J WILKINSON

    IF I PROVIDED FOR GIRLFRIEND AND 2 CHILDREN FOR LAST 4 YEARS, BUT NOT MARRIED, CAN I CLAIM THE 2 CHILDREN AS MY OWN OR MY STEP CHILDREN ON MY TAXES AND GET EARNED INCOME CREDIT ALSO NO ONE ELSE IS CLAIMING CHILDREN, FATHER DOES NOT SEE OR SUPPORT CHILDREN

  • Sid

    My wife left me without warning around june 25th. I have always been the only income, and had been in a wreck that took me out of work. We have always filed together. When she left, she took the kids and refused to allow me access to them or even know where they were staying. I did find out, and she has since relocated. There is still no official documentation with the courts, as I have been unable to get the funds for legal representation, which is one of the reasons for this post. There are no custodial rights, child support, or anything of the sort as it hasnt even been before a judge yet. In this time, I was left with all the bills and lost my residence. She took everything, and what little remained was taken during a break in at our home shortly after. Since I have always footed the bill and she didnt work, I assume it is my right to file the kids on my taxes, but I am unsure. I need the funds to get a fresh start, replacing some of what was lost and hopefully securing representation for a divorce. Am I within my rights to do so?

  • Cody

    My ex and I have joint custody of our daughter. She has her a week then I do. Our divorce papers say she has primary legal custody though. Does this give her the right to claim out daughter as a dependent? I pay my full child support and make 3 times what my ex does.

  • patrick

    Is claiming kids on a first come first serve basis

  • frances

    WE LIVE IN THE STATE OF TEXAS. My son has temporary custody of his four children, they have been living with my husband and me. He and wife are in a custody battle. He and the children are on Medicaid, get food stamps, and was awarded child support of $400 per month, but this last year only got about $1200 of the child support. Can I file the four of them as dependents for 2011 on my tax return? His soon to be exwife says that if I do that, that IF she is awarded the children, I leave myself liable so that she can file child support FROM my husband and myself SHOULD she get the children.

  • katie

    in my divorce agreement it say’s i have to share my dependent every other year with my ex husband…do I have to do this???? he only get’s my child sat at 3 pm and has her until mon….what would happen if i don’t allow him to claim my child??? and I just claim my child every year is it illegal for me to do this with a court order…can the courts tell me I have to do this…

  • EMILIYA KRASTEVA

    If a noncustodial parent gets Form 8332 from the custodial parent , can the mother of the noncustodial parent ( the grand mother of the child) claim the child as a dependent on her tax return instead of the noncustodial parent claim the child. They all, the noncustodial father, the child and the grand mother live together. In other words, can a grand mother claim a child , having the 8332 form from the custodial parent.
    thank you.

  • EMALY

    If a noncustodial parent gets Form 8332 from a custodial parent, can a mother of a noncustodial parent claim the child on her tax return insted of noncustodial parent do that.

  • Emily

    My husband has children from a previous and the mother is on welfare and has had no job, she has a boyfriend that works though. Can my husband claim the kids on taxes if the mother cannot because she is on welfare? She sometimes has her mom or sister claim them, but doesnt my husband have the right over them if she cannot claim?

  • Diane Lyons

    I need advice thank you for your time in advance. I have just went through stage two of child support, the hearing officer stated that I have to pay him. Iam going through the appeal process now for that. In two months I go for custody against him. My childs father lied in court stating that he has her more than me, which is my fault because I did not have legal representation. This year I did not receive any support from him until August He has never claimed her before.Who has the right to claim her for this tax season. Neither one of us has custody yet. Won’t know until the end of March. Who has the right to claim her legally?

  • Andreina

    Can my ex file taxes for his son with out him living with him? how can i not let him file taxes?

  • Rachel Pray

    My ex husband and I are divorced. The children reside with me and see him every other weekend. I do not have a job so my ex husband claims kids of income tax. Am I entitled to any of the money he is granted by child tax credit?

  • Johnny Talley

    I want to file my taxes married filing seperately because my wife owes back child support and i don’t want them to take my check. Can i still claim both of the kids and not her? Will i have a huge cut in my refund?

  • eric newton

    i am divorce for 12 yrs and i owe child support and have been paying but behind still and i have a new child with diff mother and wanting to claim him and would i receive any return from the new child

  • Diana

    Hello,

    Yes, I have been separated from the Father of my children for four years. Never married. We always had a verbal agreement and tax documents show that he the father of my children would have one child on his taxes, due to he made more money, and I would have the youngest two children. Now, I have been out of work for a year, but will be having my fiance add the two youngest that I have always claimed onto his taxes for 2011. Due to my fiance’s contribution and expenses to any financial needs the children and household needs. Is it ok for me to give him the permission to add my two children to his taxes? Since I will not be able to file this year? Your response will be greatly appreciated.

  • Sheena cerar

    In my divorce, my ex was supposed to be able to claim one of our children. He doesn’t have anything to do with them, and the child support he pays comes directly out of his check. He is currently $4500 behind in support, can I claim both my children?

  • Scott

    Per “our” divorce, we alternate who claims the kids for taxes. Our custody “on paper” is 50/50. Over the past year and a half my ex-wife has pretty much refused to see the kids or help support them. They have been at her house less than 10 times in all of 2011.

    can she still claim the kids? any way i can stop her? I don’t think she should get the benefits on taxes when she don’t help raise the kids at all.

    Thanks, Scott T.

  • guess

    the court give my ex one of our child to claim on his taxes and i have one they both live with me he pays child supp. i woud like to know since that he claims one as dependant can i claim both for earn income credit? he would not get earn income credit bcuz he is over the bracket.

  • Scott

    I have sole exclusive custody, my ex rarely has our boys – one night a month on average. I have never allowed her to claim our boys as she has no desire to help better their lives. I don’t feel she deserves the credit, I also sent a copy of the divorce papers to the IRS showing that I have sole custody the first year we were divorced – and I have filed now for the last 5 years claiming my boys. According to my divorce papers she has no legal rights to claim them, if she tries I will make she she is prosecuted!

  • Scott

    Perhaps if both parents are doing their fair share to raise the kids yes, but my ex is a dead beat and it is a struggle to get support from her!!!

  • Scott

    Also for the record, paying child support is great if you are actually paying the proper amount and most importantly are also helping with medical, Dental, Vision and daycare and more. Seems alot of dead beat parents seem to forget all the cost that is actually involved, if your doing all this then my hats off to you – if not then please stop crying a river of tears! I pay $3,000.00 just in daycare a year, and her feeble $300.00 a month is a joke!!!!!

  • christine

    I share 50/50 of my son. But his father lets me have him way more than that. Like probably 75/25. I have a notebook of when i have had him. Who can claim him. And what happens if we both do. What will i have to prove to the IRS?

  • Rona

    If the custodial parent doesn’t work and hasn’t in 2011, can the non custodial parent who has paid 27% of his check for the past year in child support- claim his children.

  • Ariel

    I lost my job last year and have no income. I am a single parent and have not recieved child support in years. I have full legal/sole custody of my child. Am I suppose to file taxes this year and claim my child?

  • Leticia De La Rosa

    Hello, I would like to ask a question, my boyfriend is an immigrant and has been here for a long time and he wants to report our daughter on income tax is he able to do it?

  • RossS

    My wife and I just filed tax returns on ourselves as well as our daughter and her two children who have been living with us since her seperation, over a year ago, with her consent. Our daughter is seperated from her husband, has filed for divorce and has maintained custody of her children other than weekly visits for the older child, on her husband’s days off. We also just found out today that he claimed both of the children on his return, even though we have established that he has provided virtiualy no support for them and that we have provided the support for them. Short of hiring a lawyer that we certainly don’t have the money for, now, how do we fight something like this?

  • Deah

    I am divorced and have three children from my previous marriage. I do not work, but I am the coustidal parent to all three children. My fiance works and supplys the children with their needs, can he clam them on his tax return?

  • Deah

    I do believe as long as you have a written agreement signed by you and him both stating that you will not be claiming the children this year on your taxes, then it would be fine. But do make sure in your aggreement you havde stated that it is for this year only.

  • Jessica

    I have joint custody of my 2 children AND i pay child support, do i have the right to claim at least one of my children during each tax year???

  • Carmen

    On my original divorce decree, my ex and I agreed that he would claim one of our children since he was going to be taking them during summer and winter vacations. That hasnt been the case since he hasnt been taking them ever since our divorce 6 years ago. He is up to date on his child support payments. My question is: Does the fact that he pays child support make him eligible to claim one of the kids on his taxes even though im the custodial parent? Our divorce was without lawyers so I didnt have knowledge of the tax issue. If the fact that he pays child support has nothing to do with him claiming one child, do I have the right to go back to court and do a modification on our documents?? Please help. Thanks

  • Dave

    I as wondering if I can claim my child on my taxes since his mother doesn’t work? The trouble is, he doesn’t live with me and she has sole custody. I also pay support to her.

  • crystal

    im on section 8 and i have 4 children im seperated from there father is he allowed to claim 2 kids?

  • PAT

    my 17 year old son has lived with my mom for the past 3 years. He moved in with me in april of 2011. My question is can i claim my son on my 2012 taxes? And what will happen if my mom contests this?

  • Lisa

    Me and my ex husband are divorced. Its in our divorce decree that he is able to claim our daughter every other year (this being his year). He is behind on his child support which to claim her he needs to be current. Being as its in our divorce decree that he gets to claim her every other year if he happens to catch up does he need to fill out and have me sign a 8332 for on his years to claim her or just claim her?

  • Tammy

    My grandson who is autistic and seven years old lives half the week with his mother and step father (they were married 12/29/11) and with his father and I the other half of the week. His step father wants to claim him on his taxes. His mother does not work and receives SSI and food stamps for she and her two children. My son has a full time job. My son and his son’s mother were never married and only lived together for a very short time five years ago. I’m wondering if the step father has the right to claim him on his taxes?

  • Devin

    My wife and I have been split up for two years now she claimed the kids last year I asked to claim at leased one this year she refuses to come to an agreement If I claim one after she already claimed both will I get my return with the one child. Also she some how was able to get my social security # somehow so she could claim married filing seperate which I did not approve. What do I do?

  • Sunny

    It is the fathers year to claim our daughter as a dependent. Does that mean he also get to claim her EIC? I thought that they were seperate and that I was to claim EIC due to making more money.

  • wanda

    when me and my ex went to family court for a support order the judge said that he could claim one of our 2 children as a dependent for tax purposes. However, he never even sees one of the children and the other spends a couple of weekends a year with him. I also agreed to take a lesser amount of support per week than the judge originally stipulated. How do I get this changed as I am missing out on about a 2k refund every year on this and it is money that would be greatly helpful to my family. He pays 4800 dollars a year which barely covers the cost of meals at home and school. I pay for everything else, shelter, clothes, misc things like shampoo, laundry, insurance etc. I don’t think it is even fair! What if I just went ahead and claimed both? What would happen?

  • Amanda

    I live in Texas and I got a divorce and the papers state that my ex husband and I have joint custody of our 2 kids. Also in the divorce papers it states that he gets to claim one child on income tax and I claim the other. For the past 2 years my ex husband only sees the kids when he wants. (Which is about 2 days a month). Legally can I claim both kids on income tax without being in contempt of court or get in trouble with the IRS?

  • Cedric

    If I have not worked and I have sole custody of my child. Can claim my child and receive atax refund?

  • DH

    I currently receive food stamps for myself and my 3 children, I have no earned income and wont be filing taxes this year, and would like to know if its okay to let my boyfriend claim the three children for his taxes this year in order to receive the tax credit. Can I do so even if I am receiving benefits from the state in the for of food stamps only? Also, only 2 of the 3 belong to him, though the 3rd will not be claimed by anyone else.

  • Kristi

    My husband has been divorced from his first wife since 2005. They had joint custody of the 2 minor children. According to the divorce decree as of 2005, they each claim a child for income tax purposes. As of January of 2009, my husband and I were awarded full custody of the children with the mom seeing them every other weekend and wednesdays or as my husband sees whats in the best intrest of the children. The mom has not seen, talked too or even tried to contact the minor children since Dec of 2009. She pays half of nothing or financially supports or helps financially in any way. This is her choice. The children have tried to contact her with no success. She still claims one of the children yearly on taxes. Can she do that even tho she hasnt seen or supported them in years?

  • Jose

    My best friends husband and his ex wife had a son together, she always claims him on her taxes. In the paperwork, it states the parents take turns claiming him. She does not want to let him file his son on his, can she get in trouble for doing so?? And what can he do??

  • scott

    Hi my names Scott and my girlfriend and her baby’s dad have 5050 custody of there daughter,acourding to the irs she gets to claim her daughter but her baby’s dad is threatening to sue her for half of the tax return! In there custody agreement it doesn’t cover claiming on taxes. Now can he sue or do we have nothing to worry about?

  • Jacqueline Fermin

    Can I claim one of my two children as a dependant on my tax return if I do not have full time physical custody and pay child support and medical health benefits?

  • Julia

    If my my parents and I each equally supported my daughter for 50% of the year, can we both claim her in some way?

  • sandra kirby

    My daughter has been divorced for 18 years and has costody of two daughters. Her ex husband has not been been currant on child support but this years is currant. he still owes some from previous years though. He says since is is currant this year he can claim one of them as a dependent on his taxes and threatens my daughter about sueing her. Is this true? Does he not have to be completely paid up on child support ?

  • confused parent

    I was wondering if i can claim my son even when he doesnt live with me…. i spoke to his father and he said i can claim him because he is not claiming him this year…. i went to do my taxes but i didnt sign any 8332 form release thingy… but the guy that did my taxes didnt ask me anything about living arangements or at least maybe he forgot to… would i still be able to claim my son and recieve the benefits… but if i needed that release form where can i get one… and my taxes are already filed how can i send the signed release form from his father to the taxe people… because i think he thought i said my son was living with me (maybe) not to sure… but please help me figure this out… thanks

  • jackie Cooke

    I used to work, Im not working now and Im on Public Assitance could I file taxes for my three kids or that’s not a good idea.

  • AbusedandUsed

    My wife was incarcerated this past thanksgiving for Domestic Violence. After her release, she has beenon a restraining order and I have full custody of our 3 yr old son. She has no income from this past year, and I want to know…how do I file? I ma the custodial parent, Will I get the child credit? or dependent status? Also, If I filed as married but separate, when the refund comes in? it will be only for me? or for both of us? Thank you

  • Laloula

    My question is, I have been seperated from my ex-husband in July, I had to get a protection order against him, i have my paperwork from when i filed that, me and my 3 children lived with my parents till i got into my place in August, i also have my paperwork for when we moved in our own place, i filed for a divorce and it became finalized in November, i was granted residential custody of my 3 children, they have been with me since July. My ex-husband went behind my back and claimed all 3 of our children and said he was not gonna give me anything, is there a way i can stop him from doin this, i have worked and wanted to file my taxes with my 3 children but my ex-husband got copies of there social security cards and claimed our 3 children without even asking me if he can, is there anything or anyone i can tell about what he has done to us, im going to lose my car and since he dont wanna help me or my kids out with anything, i fell behind on some bills, what do i do, please let me know, thank you

  • Eric

    My ex does not work and has never done so; she lets her mother claim our son on her tax return every year. My ex and son reside with her. I recieve the state guidelines for support and visitation. My child support is always current in the amount of 2600 yearly. If the ex doesnt work and I pay support can her mother still claim him on the tax return over me even if she is the grandmother.

  • LAURA

    CAN I STILL CLAIM THE EARNED INCOME CREDIT ON MY DAUGHTER EVEN THOUGH IT’S NOT MY YEAR TO CLAIM HER AS A DEPENDENT?

  • stacey

    i have legal custody of my daughter and i gave my sister residency custody of my daughter four months ago. I would like to know who have the right to claim her on their taxes?

  • Sara

    My ex and I have joint custody but I have primary custody both of my kids are with me more than half the year, in previous years I have claimed 1 and he has claimed the other however since he didn’t pay his child support this year I claimed both children, he is saying he can claim the oldest like always and I will be penalized by the irs. In the divorce papers there is nothing about him getting to claim one child, is what he is saying true or is he just trying to pull one over on me?

  • http://DadsHouseEdCtr.org George McCasland

    This needs to always be a financial decision that benefits both parents, and not based on who has the child. [edit]

  • Mary

    I got divorce in oct of 2011, my parents have always taken care of my children and me , we live with them. My ex husband wants to claim him on his income tax but he hasn’t started paying child support and our son has always lived with me. I haven’t signed no papers giving him permission to do so.Can my parents claim him on their income tax like they always have or does he? My ex keeps hounding me about it.

  • Mary

    Does my ex have the right to claim our son in his income tax even thought my son has always lived with me and my parents. He hasn’t started paying child support which the order went into effect in oct 2011 and he didn’t pay anything or visited with our son all year. My parents have taken care of him for three years and have continued. The divorce decree says he gets to as long as child support has been paid but I haven’t recieved nothing. So do we claim him or he does. We live in texas.

  • Susan

    Hi, my boyfriend and me had lived together for a while now and we have a son. We had broken up this week and he went and filed his tax returns this morning and claimed our son. I claimed him last year. Is it too late to do something about it??? Please help!!!!

  • Doug Hart

    I have been divorced since 1999, at the time my daughter was 4 years old, my x-wife is the custodial parent. In our divorce papers it is stated that I pay child support and can claim my daughter on my taxes every other year. This is my year to claim her. Here is my question, I moved back to my home state in Nebraska October of 2010 and moved back here to Kansas in October 2011. I was gone for a year, Am I allowed to claim my daughter on my taxes even though she has not been with me?

  • johnny

    When I filed my parenting plan I did not write in the plan who got to claim our kids on our tax returns so who gets to claim our kids every year when taxe season comes around

  • http://yahoo pocho

    im paying child support for four of my kids the papers for the divorce rare in process i dont live with her no more..can i still claim two of my kids as before or she has the right to decide?

  • Hiwot

    My boyfriend and i live together and we have two kides,am not working am a collage student.Untill know he claim two of our kides but know, i want to claim by my self so if am not working and claim my two kides it will affect me or i can claim them by my self.

  • Zofia

    Monica,
    I have been divorced for 3 yrs and we have 2 children with my Ex-husband, we agreed in the divorce that i was going to let my ex husband claim 1 child. He pays child support and they receive SSI from my Ex disability. He doesn’t work he gets SSI diability and VA benefits. He agreed to let me claim my son ( he didn’t sign the form) and i claimed my son on my taxes this year. Now he is stating that i had no right and that he is claiming my son. He only sees the kids 2 weeknds a month (if that). Can i get intouble for doing this, what do you suggest? He had no plans on claiming my son until he got a letter from SSI stating that he had to claim taxes incase he owed any back taxes. What should I do? What can I do? I went on his word (my mistake) . Can you please help me?

  • Jessica

    Ii am 20 years old and have a 16 month old daughter who I have full custody of. We have lived with my aunt and uncle for a year and a half. I have been unemplyed all year. Can my aunt and uncle claim my daughter?

  • http://celey@richland.k12.la.us Cindy

    If the papers say it’s my year to claim my son, but he has not lived with me any during the year, nor have I paid any support can i still claim him on my taxes?

  • deedee

    My daughter is a 24 year old who is divorced and is a full time student and unemployed i have been supporting her all year and wanted to know if i could claim her? however, she owes taxes to the irs for past tax years when she was married if, i can claim her will they take my money for her debt?

  • Chris B. Johnson

    If i’m divorced is it legal for my ex-wife who has custody of our two younger kids allow someone else to carry my biological kids on their taxes

  • Tyler Weber

    I live in MN i have been paying child support for going on 6 years now and i have not been able to claim my daughter a single year on my taxes. I pay Well over 4,000 a year for a 5 year old and i know that is at least 51 percent of living expenses. I do not have custody but i do provide over half her support am i allowed to claim her on my refunds? I do owe some back support due to this fact, but i have heard that legally i am able to claim my daughter, is this true? I lose 60 percent of my wages before i even get to look at my check, i get no tax returns back to me, and i am not allowed to see my child. What am i able to do in this situation?

  • Michelle

    In my divorce papers it states that my ex is suppose to be able to claim my son and i claim my daughter. My ex is almost 6k behind in support and has not held up to any of the agreements we made. I claimed my son this year on my return am I going to get in trouble. We also never signed an 8332.

  • mandi

    Hello,
    my divorce was just finalized in 2012, in our decree it states he claims odd years. Since the divorce was not finalized do I still get to claim them for 2011?

  • Jose

    I have 27% custody and my ex has 73% and she has left the country with my kids I don’t have an address or phone number where they can be reached as stated by court. Is there a way that child support can be place on hold, that way she will have to contact me and I can serve her with court papers so I can go back to having my kids on weekends? All I want is my kids but she uses them to get back at me when she gets mad for example I remarried and that’s what is getting her mad.

  • michele pinkham

    my ex husband owes 600.00 in child support for a year and half. last year i claimed my daughter on my taxes because he didn’t pay. he still hasn’t paid so am i entitled to claim my daughter again on this years taxes?

  • Kristen

    Hi I’m having a problem I signed the IRS form 8332 back in 2001 for my ex to claim our daughter from then until 2011 since he was paying child support. Well last year (2010 tax yr) he didn’t file taxes because he didn’t work & my fiancé claimed my daughter because she lives with us & he didn’t pay support also she hasn’t seen him since 2005. This yr (2011 tax yr) he got a job but only paid about 4 months of support & didn’t pay half of her total support needs. My fiancé claimed her on his taxes again because he has paid for more then half of her needs. Anyway the where is my refund site was saying we were getting a return of 10,000$ & now two weeks after it was accepted it says we owe $6,000 due to a problem with the child tax credit so I’m thinking my ex claimed my daughter also. is there anything I can do at this point or do we need to just not claim her this year. Plus I’m unsure of why we would owe 6,000$ when we weren’t even getting that much back for our child tax credit & there are also 3 other kids on the return. I don’t file my own taxes as I don’t have a job & I didnt think about revoking the 8332 form because of one not filing taxes & two because I don’t have my ex’s address to even send it to him. Is there anything we can do to win this because we needed our return as we have 4 kids living under our roof & one on the way plus my fiancé pays support to his ex for his son. Please if there is anything I can do let me know I feel bad that our tax return is messed up & causing my fiancé stress & it’s my fault for not knowing the tax laws. If I have to I’ll sign a revoke 8332 & send it in with my fiancé taxes so he can claim my daughter if there is nothing I can do please let me know I’m losing sleep over this matter as its very stressful for our family. Thank you for any help.

  • Eddy

    I supported my daughter and her mom for 11 month we separated at the end of nov 2011 and she’s claiming the baby by herself shes getting back like 8 thousand dollars I was wondering if I can do anything about it she lives with her mom know

  • Cari

    We have two children and are 50/50 joint legal and physical custody. Is it better for each parent to claim one child on tax return? OR the parents to rotate every other year both children? We are in negotiating the rest of our divorce specifics and am wondering which one is more beneficial?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      The dependecy tax exemption may be beneficial to you and/or your ex spouse depending on the amount of annual income you each earn. You should consult the IRS website for guidelines.

  • Jenna

    My Florida divorce decree states, “The Husband will be allowed to claim both children on his federal and state income tax returns until the Wife provides evidence to the Husband that she has earned income of at least $14,000.00 annually. At that time, each party will be allowed to claim one minor child as a dependent for Federal Income Tax purposes”. I have remarried since this decree went into effect. My current spouse has earnings well above this, does his income count as mine as it pertains to this agreement.

  • Ray

    My divorce decree states that I claim my son and my Ex claims our daughter. Does she still get to file and claim the EIC because they live with her. We have joint custody. I provide half if not more for them financially. If they red flag me when I file and claim him, will the IRS go after her and have her repay or will I be laughed at??

  • Lori

    My ex husband listed my kids on his tax return but because his income was too high, he can’t claim the exemption. Am I able to now list them on my return and claim them as exemptions even though he listed them on his return?

  • shelley

    I am recently divorced with two children. according to the divorce papers we have joint custody but my son has living rights with his father and my daughter with me. it also states in the papers he can claim my son as an exemption on his return. My son because of his fathers working hours has stayed with me from june to end of dec except every other weekend. Can I claim him for EIC purposes only while he uses him as a dependent and for the child tax credit. How do i prove he was with me the whole time?

  • Monique hudson

    I wanted to is it ok for my brother in law able to claim my son he been helping me I live with him for 6 months

  • Elaine

    Can i claim my grandchild on my taxes even tho the mother recieves the family allowence and is on welfare. the child lives with me most of the time.

  • David

    Court Order has been revised several times since the original 2005. Custody/visitation and Child Support was waived due to ex going to rehab. The kids have been with me since 2010 with limited visitation. Most recently we are at supervised visit only. Current court order reflects me as the primary care giver. Initially we each claimed one child, but due to all the changes and the slow fade I’m wondering if I can claim them both. Ex has been unemployed for at least 6 months.

  • Tony

    I have some back child support that i still owe. In my decree it says i can claim one child for taxes if Im current in child support. If i pay it off now can I claim one or would i of had to pay it off by Dec 31 2011

  • Jessica Deitz

    I am recently divorced as of last august. My ex and I agreed that I would claim our daughter on my taxes this year and he would claim her next year and we would alternate. However, I filed my taxes and he is claiming he should get half of my return.He says he is going to get a lawyer and fight me for it. We have joint custody however, I supported her more throughout the tax year as far as daycare, lunches, clothing, etc. What should I do? What happens if he does get a lawyer to fight for this?

  • Nicole C

    I have bee seperated for 3 months and divorced for 3 months. so total of 6 months. I have recived NO child support. I agreed in court to let him claim one of our two kids. But I have recived nothing. Do i still have tp let him claim one? And, do I have to sign off on that form in NY?

  • Jeanette

    Last Aug, after not paying child support for 2 yrs, I took my ex-husband to court. At that time, the judge changed the original agreement from my ex claiming both children every year, to “going forward each parent will claim one child.” He made a couple of partial pmts in oct & nov and garnishment began in dec. however, he is still in arrears because of the pmts were suppose to begin in aug, not oct, and because they were partial. my question is, is my ex-husband allowed to claim the 1 child if he is in arrears? thank you

  • tiffany

    My ex-husband and I agreed to alternating years claiming our son. I am almost certain that he is having his parents claim my son on his years since most likely he gets paid under-the table, but I can’t prove it. Is there a way I can see who is claiming my son in the years I’m not?

  • Linda Anderson

    How is child support figured when the divorce agreement states that the father is to pay 14% of his AGI? In this case what is the AGI? I know in income taxes it is the itemized deductions and the personal exemption subtracted from the gross income. Is it the same thing in a divorce agreement?

  • http://na kristina brossart

    For the 12 years, my ex-husband and I have had joint custody of our two children. they both have lived with me during all of this time and still do. my ex-husband has always claimed one as a dependent his taxes and i have agreed with this (but keep in mind, he was giving me child support).

    my son is now 19 and we do NOT receive any child support him since his recent graduation from high school. since my ex is not paying anything and my son is living with me full time, can i now claim them BOTH as dependents and attempt to get a better tax break.

    thank you,

    Kris

  • Concerned

    I have joint physical custody of my son and pay child support and provide him with full medical benefits. My ex does not work and has not in over 4 years. She is somehow claiming my son on her taxes. Can I dispute this? Can I also dispute last year when we lived together for about half the year then had to file for parenting time before I got joint physical custody because I provided more than half of his support?

  • brianna

    I was woundering how to go about changing my agreement on claim my son every other year now that he just got his child support lowerd to 140 a month.. I am from minnesota if that makes any differnce thanks

  • Dru

    My mother just came over and told me since my sister is with me a lot that I can claim her on my taxes. In my parents divorce decree my father lets my mother claim my sister every year. My sister hasn’t even seen my father for 2 years. Well she didn’t make enough this year to file on my sister as well. I am 20 and I live on my own with my boyfriend and my sister is here a lot…I just don’t want to do something illegal so i just want to know if and with her permission if I can claim my sister. I reside in Indiana if that makes a difference…
    Thanks!

  • Mick

    My ex and I had joint custody (in 2011) of our 3 kids and an order stating I would claim one of the kids and she would claim the other two – UNTIL we went back to court in November of 2011 and she was awarded full custody because she moved out of state. She now wants to claim all 3 children for 2011. Can she do that, or can I still claim the one child for 2011 since she only had full custody for less than two months of the year??

  • Sherry

    I became divorced in 2011. I currently have physical custody of my two children (parenting plan is not finalized). I receive child support, although, the other party has only provided for one child & is not paying the full amount per the court documents (late payment/short payment). Visitation has been outlined, thus, he has not made the effort to see the two children; he hasn’t seen them in over a year. Am I able to claim both children on my 2011 tax returns if he is not paying the full child support for two children?

  • rick

    II hahave a quetion I’m seperated from my wife since jun 2011 n I have a step daughter n a son w her n they were my dependents so since we seperated could I claim.my step daughter even tho I’m filing them seperate n they were all.year on my dependents n she doesn’t work but she on welfare ??

  • Jennifer

    My husband and I are divorced but have joint custody. We have three children and I have been claiming one on my taxes every year. This year he claimed all three. They live with him but we both have joint custody. Do I have the right to claim one

  • Ana

    Hi my name is Ana, I just have a simple question ok I’m not married but live with my boyfriend we have a child together who’s intittle of putting the baby in the tax return..

  • angela

    I’m divorce and have to children we live in another state. I have primary physical custody and he has just custody. He claimed my daughter on his taxes without permission what are my rights? He pays no child support and he works for the irs.

  • Chris

    Is there a law that prohibits you from claiming a child as a dependent if you are behind on child support? In the divorce papers my ex and I agreed that we would trade off years for claiming our child, I would get odd years she would get even years. But, she is telling me she is claiming this year because I am not up to date on support payments. There is nothing in our agreement written up to this effect and I am wondering if this is standard or if shes trying to pull one over on me.

  • CYNTHIA HENDRIX

    i filed my income tax findinding out my exboyfriend filed our son and i have court documents we suppose to get every other year. and my ex is receiving his refund now as we speak. what to do with my rejected files notifying me my son was filed already and i have documents this my year/

  • jenny

    My husband and I claimed one child and his x-wife claimed the other.
    however, she is behind in child support and has not paid any of her portion of the dental or medical bills. Is she still able to claim the one child accourding to wisconsin law?

  • amanda

    I have full custody of my daughters 2 children. She does not live with me. I found out she has filed them as dependents on her tax return this year. what do I do?

  • georgia

    My husband has claimed our daughter for the past 3 years as agreed in our divorce agreement – I get the house so he gets to claim the child. I am the custodial parent and he is due to have a child next month. He makes more than double my salary. What can I do to be able to claim my daughter going forward?

  • Michelle Call

    My husband and I got a divorce last year. In the divorce decree it states that we will rotate each year the three children on our taxes. The first year I am to claim two children and he is to claim one. Next year we are to switch. We have the children 50/50% of the time there is no one custodial parent. We split all the expenses on the children however he make 3 times my income. Every month we split the child care expenses which in high. I am wanting to complete my taxes and informed him that I need the day care receipt so I am able to claim two of the child. I explained to him that I would claim two children and all their child care expenses and he could claim one and all their child care expenses not matter who paid. Next year we would switch because child care would be the same amount. He is wanting to claim the children for 50% of the year and I told him that it does not work that way. I understand he wants to claim what he had paid in child care but I am unsure how to file our taxes. Please help.

  • Lii

    Ok, I have two kids with my ex-husband. Got a divorce in DEC 2009, and I pay child support for both kids. The divorce decree states that I will claim my youngest son and the ex-husband will claim my daughter. My ex-husband has filed for both kids last year and this year again. I tried filing my 2011 taxes, but got rejected by the IRS because my ex already filed for my son. I called the IRS, and they said the ex-husband has to sign the the form 8332. I sent the form to ex-husband and he refuses to sign it. What can I do legally to fix this. My ex-husband is going against the divorce decree.

  • ann

    My husband and i separated June 2010, we have 1 child, and last year for the 2010 tax return we filed separately. Our divorce just became final Feb 10th, in the divorce papers we agreed to alternate child tax credit — so he gets to claim him this year. My question is what about the dependent care? Who gets to claim that? He has provided child support, but i wrote the checks and our son is with me 99% of the time

  • Kristen Palmer

    I divorced in 2008. At te time it was amicable and we did not set any agreements regarding who could claim what children on taxes. Every year I have claimed one child. This year she says she is claiming all three and I am up a creek. I already filed my taxes and claimed the one child which I have claimed each year following our divorce. What will happen now, and what can I do to get it changed so there is an agreement in writing regarding this tax claim issue?

  • JENN

    how can i stop my ex from claiming my son. he said that he has the rights to claim him but i have full custody of him.

  • curtis

    me and my wife devorced a while back and in our devorce agreement it says i can claim our son on my taxes on odd years and she is fine with it. he lives with her more but i have him every weekend all hollidays any day i have off hes with me. and a couple months in the summer i have him. i don’t want to get into any kinda trouble i allready filled my taxes without getting the child tax credit. so i got my refund but the irs sent me a form asking me if im elgible for the tax credit cause nobody claimed the child credit on him. i just want to do the right thing. so do i have a right to claim him with my divorce agreement and her letting me claim.

  • Dave

    My son is divorced from his wife and he pay child support throught he state so she gets her money every week. Their decree stated that they would alternate years as to claiming the deduction for the child. However this year she fied first and claimed the child this is to be the year my son was to claim. She knows very well that there is a written agreement, what recourse does he have?

    • Miles

      I’ve been dealing with this with my ex wife for many years now and all I had to do was attach a copy of my divorce decree that states I have the right to claim my daughter and I’ve always gotten my return. I generally do an amended return so it doesn’t hold up all of my money. Hope that helps.

  • denise

    ive been divorced for 12 years now from my sons father.
    i received child support until they graduated highschool/or turned 18 whichever came first.
    i agreed to let him claim the boys on his taxes as dependents.
    he has always claimed them.
    ive never claimed them(except for earned income credit) because he makes a lot more money than I do and with my income they qualify for fafsa for college.
    This year is different than any other year.I am self employed and it put me in a different tax situation.
    Self employment tax.
    Since the child support has ceased, the boys are now 19 and 21 and full time students, do I have the right to claim them if I want to at this point?
    He said that in our divorce papers there is no expiration as to how long he can claim them, Just meaning there is no date.
    I am going to go to the courthouse today to obtain a copy of our divorce papers.
    Please let me know.He is threatening to take me to court if I claim them.

    Thank you,
    Denise

  • Marisa

    My ex-husband lives in another state and wants me to sign form 8832 for tax purposes. We have joint custody and have divorce for over 8 years. He modified child support in 2008 from $1000 a mos. down to only 586.00. At that time they said on the modification that he was to claim my oldest child. Can I get away with not signing form?

  • tiffany

    I allowed the father of my child to carry our 2 year old on his taxes; we had recently broke up and I have to file child support..will it affect me in any way negative that he carried her on his taxes?

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  • Crazyhair!

    My daughter did not live with her father, but did have visits and regular contact throughout the year, he also provides about $2100 in support per year. Can he claim her for the EIC if I give him permission?

  • Mary

    My court papers statet that I am the primary residential parent so I get to claim my children as deuctions one year and my ex husband gets to claim them as deductions the next year what does this mean deductions? Since I am the primary parent I still claim them as the children that lived with me the whole year right?

  • Bree

    Can my childs father claim him on his taxes without my permission?

  • Jerome

    I have a question hopefully someone can answer. My kids mom claims them every year. I’ve already filed and received a refund. She filed a few weeks ago and herrefund was taken to offset some student loans she owed. Can I file a 1040x to claim the kids as dependents after the fact? She had nearly 5k taken away so I was hoping that if I file an amended return and claim them as dependents, at least she’ll get something. the kids live with us equally or maybe even more with me, but we get along so it’s never been an issue with claiming them. Any suggestions? Or is she just going to have to bite the bullet this year? Thanks!

  • christy

    my son is 19 yrs old and a senior in high school..he works part time and I pay child support for him..i know he can be claimed as a dependent if he makes under a certain amount and if his father provides more than half of his financial needs..is child support consider helping the 19 yr old with his fininacial needs along with his work

  • Alice Loughney

    Hi All,

    I am in the process of a divorce and my ex has in the paper work that we should rotate who claims our daughter on our taxes. We will have joint custody with the child living under my care. I just do not want to be screwed as I am the provider for our child as I provide everything she needs. Please let me know as I have a rough draft on the divorce.

  • http://myfamilylaw.com Carla

    Can a person claim a child depenant if they have not lived with them at all but the divorce decree states this person can have the tax exemptions for the children? Doesn’t the child still need to be quailified by living 6 months or more in the household?

  • Elizabeth lopez

    Hello my name is elizabeth and I wanted to know what can I do or whom can to talk to ,if I didnt give my ex the will to clame one of my 2 year old twin boys. But he did it any way with out my aprovel?

  • Sarah Lee

    Me and my ex boyfriend had a child but never married. At the time I was on state support and the state (without my knowledge) set up a court order for child support. In the decree they granted the child tax exemption to him, even though I have custody. How did this happen and how can I change it?

  • beth

    my husband and his exwife have 3 children – 2 live with her and 1 with us. She did not work last year and her boyfriend (who they live with) has claimed the kids….shouldn’t my husband have first chance to claim his children? He pays child support so it’s not like he doesn’t contribute to their care.

  • eva cabello

    My husband and his ex wife have beqen divorced for over 3 years…. She has not worked and living with another man….can my husband their das claim the kids if she is not working..or never worked…?

  • melissa king

    my mother has custody of my daughter but i pay child support and insurance for her. am i entitled to claim her on my taxes if my mother has no income?

  • shayla

    My parents divorced when i was three. my father was required to pay child support for three children. EXCEPT. my father paid for ONE child and LIED about the amount of income my father makes. i moved in with him for seven years until i turned eighteen. for seven years i had to take ten minute showers and only ate one time a day. i did not cost my father any money and he pocketed all the child support money for seven years, do i have the right to ask for it? Since he had not spent money on me. i was rejected dentist visits and doctor visits from him. I havent been to a dentist in four years. i’m going for the first time tomorrow. He forces me to pay my own medical bills, Clothes, food outside the house, activitites, gas, everything. He doesnt spend money on me. I was forced to take ten minute or less showers (his wife would have prefered 5 minutes), They have a monthly budget for food and its under $100. The STATE of WASHINGTON provided $250 for every person on welfare… how can THREE people survive off of $100? Is there any laws or anything that i can use to get the money my mother paid my father for me for seven years since my father had pocketed the money instead of supporting me??

  • ava

    how can i find out if my son’s father let his wife claim him on her taxes to avoid paying back child support? also does he have the right to claim him if i agreed in court even though we’ve never been married and the child lives with me the whole year?

  • Rich

    I am recently divorced and have four kids under the age of 18. We both share physical custody (50/50). Their mother and I decided to split the kids two and two for tax purpose however I do believe the IRS has income guideline where if your income excceds “X” that would disqualfiy me or their mother from claiming a child as a dependant. Would you know what the income amout or guidelne is?

    Thxs

  • Tara walsh

    Why won’t the IRS accept my divorce decree and custody paper stating that I am have full custody of my children and my children’s medical records as well as insurance form in order to prove that my children live with me

    • Aaron

      Do they go to school or daycare? You should provide a letter from those individuals as well.

  • marnie

    According to my divorce decree, I have been claiming my three kids on my taxes. This year my exhusband has claimed my 2 daughters on his taxes ages 20/19. They are both fulltime students. One of the daughters still lives with me. I have been been deducting them on my taxes while they have been in college. He claims that he is paying for their college he should be able to deduct them. Does he have to have me sign the form 8332 in order to claim them? How do you think will win with the IRS? (He has already filed this year)

  • sue

    I am the custodial parent of a college student. My ex was granted the tax exemption in the divorce decree, but is no longer contributing financially at all. Can I change the exemption to be able to claim him on my returns?

  • jake burtion

    In my parenting plan it says that I get to claim my son on even years and my daughter on odd years. it also says that if i owe back child support then I cant claim them that year. Does that mean that my exwife can use both kids until I get current? Why cant I claim the child the money I get goes towards the back child support anyway.

  • jteddy78@hotmail.com

    I have a 16 year old daughter that leaves with her aunt. On occasion, she stays with me. I provide 100% of my child’s expenses (school, ECA, medical, dental, food, etc.) I take and pick her up from school and see her on a daily basis. But the fact is that she stays with her aunt. Her mother and I do not talk. Her mother claimed my daughter on her taxes despite the fact she doesn’t live with her, provide any financial support and even worse: “parental/mother support”. What can I do?

  • cricket79

    My divorce decree states i shall claim the child annually beginning the tax year that the divorce is finalized. Can he still try and claim her? and if he does can he get into trouble?

    • Aaron

      He can still try to claim her, but always file first and if they do an audit you can provide your proof at the time of the audit.

  • Jackie Webb

    I am the custodial parent. I have physical custody of my daughter. My ex husband & I alternate each year in claiming her on income tax. This is his year to claim her. He pays weekly child support of $137 that is ordered by the court. He has parenting time 7 weeks out of the year. Because I have her 45 weeks out of the year & because the majority of her financially support is my responsibility, is there a way for me to make any claims for her on my income taxes although it’s her father’s turn to claim her?

  • She-She

    I adopted my granddaughter. My husband and I were seperated at the time. He get SSDisability and he wants to provide an income for this child. We live in Texas. How can she draw a check from him?

  • Aaron

    My custody orders are outdated, early 2000’s. that states we have 50/50 everything, no child support ordered for either party, and we get every other year tax exception. Since 2008, I have child 85% of the year, receive no support from other parent, I still have been doing the every other year tax deduction, and since 2008, every other year on my years to claim child I received an audit from IRS and just finished providing my paperowrk that I am the custodial parent and have right to claim child. The IRS agents have told me under Federal law I have the sole right to claim the child every year. So my question is can I do this even though our court order says otherwise. IRS says yes because circumstances of custody has changed and no support is given to me. Also, the reason I got an audit is because my ex who has child 15% of the time has claimed child every year. So I am sure she will receive notification from IRS that she is in trouble of some sort, etc. Any advice for me? She could file for contempt of court, but she is also in contempt due the every year filing already?

  • Charlotte Menard

    We are in Louisiana. Our divorce was final in 2007 and he was ordered to pay health insurance premiums. He continued paying for our oldest through college until she got a full time job with benefits. We reconciled but didn’t remarry and I put other 2 children on my insurance because of costs. We have since split again and both children are 18 and 21 but full time college students. I have asked him to again put children back on his insurance or pay me the cost of my deduction and he refuses. He says they are adults and he doesn’t have to pay. But he has paid all this time even though they were over 18. He is just trying to make me incur the expense alone even though he makes $10000 more a year than I do. Can I file and win for him to pay me or add them back on his plan?

  • emma

    is my friend entitled to any money of her partner if she has one child and he has the other?

  • Larry

    Myself and girlfriend have a son together, since my son’s birth she has not worked, I have been giving support since before his birth. I give above and beyond what is required through Child support guidelines. My ex will not allow me to claim my son for taxes, instead the maternal grandmother claims my son. What I give my son monthly is probably more than the grandmother earns in a month, so i know she does not meet the over 50% support rule, Does my ex have the right to give the grandmother permission to claim my son?

  • Denise Malave

    I am having a problem my children father claimed my children this year without my consent I never signed no papers for him to do so this yr we have joint custody but he only see them every other weekend.I am on public assistance.I would like to know what can I do to find out if he recieved anything for my children without my permission.I also think his girlfriend might be doing fraud with him.Please answer me asap.

  • isabel

    My daughter is turn 18 in august. She is a full time student. Is she entitled to continue receiving the child tax benefits?

  • Jennifer Robbins

    I have always claimed my children (as dependants and the child tax credit) but this year ( I am the custodial parent) I was going to let my ex husband claim the 2 children because he owes Child support (we live in Ohio). This year I claimed the two children on the tax credit and I was going to let him claim them as dependants and I have already filed my taxes and received my return. But I just found out that he did not file his taxes and he is not going to. My question is: can I do an amended and claim my two child as dependants? Also I’ve filled out the amended (i have not mailed it out yet) but on the explaination I did not know what to write. I thought about writing what had happened. Please help?

  • Kelly Moorman

    I am the custodial parent of my son. I allowed my ex to claim him on our taxes and included that in our joint consent judgment. My ex has since refused to assist in the payment for any of our son’s school items, medical and has not been paying his full child support. How can I revoke the permission for him to claim him on taxes?

  • julie

    I claimed all of our 3 children on this years tax return. I have shared custody and the children spend equal time between my ex-husband and me. My ex had advised me to claim all 3 children this year. Now he says he is filing his return and is going to claim one of the children even though they have all been claimed. He says now that he never gave me permission to claim all 3. There is no wriitne specifications as to who may claim who each year in our divorce decree. He said he doesn’t care if they come after me. Is he able to do this. What can happen to me?

  • robert

    My parenting plan states that I have a right to claim my son on my taxes and his mother still claimed him last year…do I still need form 8332 to release me to claim him?

  • Krystal

    My boyfriend is currently paying child support on his 6 year old son. Is his son’s mother is not working should my boyfriend be carrying his son on his income taxes. She has been letting someone else carry him since she is unemployed.

  • Cassie

    I have full custody of my child. The court said my childs father and I have to do every other year for tax return. Is this true? Do i have a chance to fight this? He goes over to his fathers house every other weekend which comes to 72 days a year. He pays childsupport but nothing that helps me what so ever.

    • tomcat

      Oh my God! That Beast! And where do you go? Boy friends house?

  • PROPHET AMED

    Hello,I am Prophet Amed i want to welcome you all to my world were all kinds of problems are being solved with the powers of our fore fathers i want to let you all know that there is nothing i can not do,i cast love spell ,money spell , lucky spell just to mention but are few i do all kinds of spell work just to help people who that are in need of help i want to let yo all know that the moment you contact me for any spell work just consider your problems solved because there is no problem i can not handle if you have any problem you know i did not mention here do contact me because i am capable of hardening all kinds of problems being marital or otherwise contact me today with this email (SOLUTIONHOME39@GMAIL.COM) As the name implies solution home there is nothing brought to me i can not do the moment you contact me all your problems will be solved ..I have been in this field for over 20 years now so i know how to handle all this problems my father left this work for me and he prayed for me before he died and i also want to leave behind it to my son so that he will also continue from there i have helped more than 50 people in their various problems and today they do with out calling me to show their profound joy and gratitude so that is why am also using this medium to let you all know out there that there is a powerful man called prophet Amed … once again this is my email contact me for more information (SOLUTIONHOME39@GMAIL.COM) i awaits your feed back in regards to my help to you bye …

  • Jem

    Hello I have recently split with my x. we were never married. He is not our daughters biological father but is on her birth certificate, He has never been the financial supporter of my daughter. And has only recently helped out with half of child care. He pays no child support. I have claimed her on my tax returns since day one. Now he is trying to get me to agree to let him clam our child. Is this legal. Can he do this???

  • Jem

    Hello I have recently split with my x. we were never married. He is not our daughters biological father but is on her birth certificate, He has never been the financial supporter of my daughter. And has only recently helped out with half of child care. He pays no child support. I have claimed her on my tax returns since day one. Now he is trying to get me to agree to let him clam our child. Is this legal. Can he do this???.

  • Tammy

    I Have Custudy Of My Kids My X Husband Used Them On His 2011 Taxs To Be Able To Pay Back Child Support I Didnt Work That Year So I Let Him Claim Them On His Taxs Can I Get Into Trouble For This I Live In The State Of Texas.. I Did Allow Him To Use Them, He Never Sees Them R Buys Anything For Them.. I Just Thought I Eould Let Him To Help Us Both Out.. I Go To Court On Sep 11,2012..

    • tomcat

      You are in deep du, du, kid.

  • Jane

    I have a homeless teenager staying with me, she claimes that her father sexually abused her. She has left the home. Her mother passed several years ago from cancer. She has never met her father till then. He is collecting her ssi check. She is in now in need of prescriptions for a resportory infection. I am not in financial security to help her. She is 17, wher can she get help? How can she obtain her SSI check, and how can she get her father to release her from his care so she can get her GED?

  • Derek

    My child is 19 and attends college. I have been able to claim him as an exemption every odd year according to my divorce decree. This year my ex and I both claimed him due to a misunderstanding on maybe both sides. She says that I no longer have the right to claim my son because he has reached majority and the divorce decree no longer applies. The decree states that I may claim my son every odd year and thereafter with no stipulation of an end date or year. Can I claim my son still? He does not live with me for any part of the year. He lives at college for the school year and at his mom’s for about 3 months in the summer.

  • Donald Moring

    My ex-wife wants to claim my 20 yr old daugther an she dont want her to what should she do

  • jennifer mason

    I just received a letter saying that my last years return was incorrect and I owe about $1000. I am going to dispute this but I am wondering if it will automatically be taken out of this years tax return until the matter is settled one way or the other.

  • Anthony

    Hello, I have a question regarding health insurance in a divorce. I am divorced and have a daughter. I have joint custody, but my daughter lives with her mother so she claims her as a dependent. Now if I go to get assisted health insurance usually it says the child needs to be a dependent. So I can not get assisted health insurance then because she is not my dependent?

  • HOH Inquirer

    Hello…May I file as Head of Household (rather than Single) if my child does NOT live with me for more than half the year, but I claim them each year and their mother has completed the IRS Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents? Thanks in advance for your assistance!

  • jonathan

    my parents got divorced in 2011 my dad keeps filing my 3 sisters every year as dependents (16,7,5 is there ages) im 21 and im the household i pay most of the rent and other bills(gas,electricity, daycare,food,etc) easily more than 800$ a month my dad pay 300$ for child support and that’s it nothing more. me and my mom have custody of the kids ever since the divorce. i pay most of the bills can i claim them as dependents? my mom makes min wage i want to claim them and get the money we deserve. my dad is living life always out the country wasting money meanwhile we r struggleing

  • Ben B.

    hi, i am curious as to wether or not i can legally claim my child without any backlash from the irs, gov.t, or mother. In my circumstance the mother & myself share joint custody, the mother having “legal” resident custody at least for most of the last year. However in our custody agreement we had a clause were we could make verbal changes or accomidtaions for the child as seen fit so in all actuallality my Child spent most of the year with me legally tho he resided with the mother. i continued to pay support $250 a wk & would go wk.s on end without hearing from the mother she would randomely make appearences once or twice a month and take our Son overnite & then have enough. During this aggravating time i continued to try to get the mother to sign resident custody of our Son to me which eventually Dec. 20th of 20012 she followed through with doing so. After paying over $10,000 dollars in 10 months to a mother that wasnt even being a mother i must let her claim, i mean is there any stipulations…she does not work nor has she had a job in years, she collects $760 a month from social security, & now she got irritated when she realised support would stop & told me that she is going to claim our Son as lo

  • Justin

    If i am only behind in child support $150, can i still claim my daughter on my tax return?

  • michelle

    When my ex and I went to court, they ran a Disso master and for the Federal Exemption, I put 2 (my daughter as the dependent) and my ex put 1. We both have joint custody and they ran the calculator. I’m assuming that they took into affect that I had put my daughter as the dependent and therefor, my ex did not have to pay child support. My question is, do I have the right to the child tax credit when I do my taxes? He keeps telling me I have to give him 1/2 of the return when there is nothing in my court order that states I have to.

  • ananda

    Good Day,
    I have a question… a fun tax question. Ok so here it is..
    my boyfriend and I have a son together. We are not married of course and right now I live with my son’s father because I am disabled and get social
    security disability for mystlf and they give me $200 for my son for my disabiliry because I am unable to work. I aslo get food stamps for my son and I because I am on my own and pay rent and bills and all there.
    My question is can my son’s father claim him for this tax year Because his father has had him most of the time… lives with him and can he claim him and not get in trouble or mess up my food stamps or my money I get for my son for my disability. That’s all I needed to know. I have claimed my son always but ladt year became disabled and his father helps out more.
    Thanks,
    Ananda

    • tomcat

      Who is the father of the child? No! to the second part and yes to the food stamps part.

  • AJ

    My fiancee and his ex have three children. Their divorce decree states that he claims one of them on even years and two of them on odd years if he is not in arrears for that year. He hasn’t filed taxes since 2009, and was in arrears by a few thousand dollars in late 2010/ early 2011 due to being laid off for 6 months. For 2012, he was current and compliant for all but 4 weeks due to a change in jobs (the money wasn’t being garnished from his paycheck). He owed around $1000 as of December 1, 2012.
    He has decided to go back to college, and applied for financial aid in October. They told him that he had to be current in his tax filings, so he filed his 2011 taxes in November of 2012. He got a refund of $1100 that was sent directly to the child support registry. The “payment effective date” on the letter he received from the IRS was 12/27/2012, though it took until January 10th, 2013 to post in her bank account. This money adds up to $100 more than what his support order for the year is. As of January 10th, he is paid up for 2012 (actually overpaid by $100).
    His ex is saying that she refuses to let him claim the one child. All of his tax return for 2012 will go to her for arrears from 2010/11, and she feels like she is “doing him a favor” if she lets him settle this debt. All he wants to do is get his back child support paid off, and this would make quite the impact. We are not trying to take this money and go on a vacation, just trying to clear up his credit etc. and get this looming debt off his back.
    Because the money was released by the IRS in 2012, but didn’t show up in her bank account until 1/10/2013 there is a very grey area as to who is right in this situation. Please help.

    • tomcat

      I don’t know. You need a good lawyer. I don’t like the sound of what is going on. If he is going back to college. Will his son be put into suspended administer? Will he continue to breath and live and eat and sleep?

  • Holly Sauer

    i am separated from my spouse of 8 years. the children are in my custody and the provisional hearing is set for feb 21, 2013. he is already filing his taxes and claiming the children before custody is established. is this legal? also, how much of his retirement am i entitled to during the 8 years? i am just wondering on the percentage of what it is that I would get.

  • Clinton

    My ex-wife’s husband has claimed my child on his tax return this year. even thought my ex and I have agreed that we would be switching off who can claim her from year to year. last year it was her this year it’s my turn per our verbal agreement. help me please

  • Amanda

    What should I do if my ex-husband already filed his taxes without me signing the 8332 form for him to claim them

    • tim

      our divorce says we have both joint custody.we are to take turns on claiming her on taxes. this is my year and the irs says i must prove i had her more nights to be custodial parent. i did it was 189 nights. my ex wife won,t dispute that.. the irs doesn,t like the switching back and forth so there reviewing my return, will i win and get my refund.

  • KH

    In my divorce papers, it says that my ex husband gets to claim one of our sons for “all income tax purposes”. However, looking at the IRS website, it clearly states the the non-custodial parent can not claim the child for the EIC. I have already filed my taxes and have claimed him for the EIC, because everything that I have read says that I am entitled to do that. I didn’t claim him for the dependency exemption or the child tax credit. My ex is claiming that our divorce papers trump the IRS rules and he should be able to claim him for the EIC. Who is correct?

  • glenn parham

    My old divorce decree from 199 says we claim kid every other year. he is 19 and is in college and i pay everything and i am the qualifying parent. he lived woth me more than half the year. since i qualify by ors rules does that overule decree. she evej moves to new mexico before he was 18 but he has beej with me since. i pay all his bills and school. he will be 20 soon. please help me!!!!!

  • Bec

    what happens if my ex claims our minor child on their taxes this year when the divorce degree states it was my turn this year to claim our child on this return? Is there anything i can do?

    • tomcat

      Pray alot.

  • Mr allred

    Good morning, i share joint legal custody with my child mother. Im also the non custodial parent & is current on child support payments. I wanted to know how to go about taking turns or filing my child on my taxes. What is the correct petition to file in court?

  • Mr allred

    Good morning, i share joint legal custody of my child and iam also current on child support payments. I wanted to know how do i go about taking turns or filing my child on my taxes as well as my child mother

  • taja

    My son was claimed by a family member of his fathers without my permission…he did have permission in previous years but i let him know this year i would be claiming h…he claimed him anyway and now my taxes have been put on hold. I am going to mail.them now as instructed but there is no garuntee the family member will amend his. Is there legal action o can take, beyond the irs to fix this

  • Deedee

    I have a question. My exhusband and I had 50/50 on the two kids. But two years ago. He moved three hours away.. I didn’t take him back to court, because I didn’t have the money.. First he isn’t pay in more In child support . Still paying like its 50/50. He gets them every other weekend and some breaks to summer breaks.. But I have them way more, then he does. On taxes for 2012 I claim both kids, and he is pussy off at me.. What do I do?

  • john

    because of the change in th child tax credit law for this tax season, i will not receive any income. my ex and i have been divorced for 10 years, share custody of two children now over 13, and each of us has claimed one child every year until now. i have been a full time student for the past two years, only made just under $4000 last year, but have paid my share of support for both my children with the help of grants and student loans. because both my children live in a different city with their mother, and go to school there, also covered by their stepfather’s insurance, i have no proof of residency of my dependent child. i was told by my accountant i will not receive a child tax credit because of that reason. will my ex-wife then be able to claim the other child that is in my custody more than half the year?

  • MadMomma

    I have a written agreement with my ex on the taxes. He signed, printed and dated a letter stating he could claim our son on the condition that we split the money 50/50 and he notify and give me my half when it is or WAS deposited. He did not follow through and his lawyer informed me that he said he did not sign it. It is his signature, period. How do i go about legally getting my half of the money?? Seeing as it IS his signature….?

  • MadMomma

    I have a written agreement with my ex on the taxes. He signed, printed and dated a letter stating he could claim our son on the condition that we split the money 50/50 and he notify and give me my half when it is or WAS deposited. He did not follow through and his lawyer informed me that he said he did not sign it. It is his signature, period. How do i go about legally getting my half of the money?? Seeing as it IS his signature….? as well we have a 50/50 custody agreement and both support our child. No child support is given to me…..do I need to file a civil suit against him? and if so, how do I go about doing that in the state of Florida?

    • tomcat

      Oh boy, that is a different world down there. Go to a legal aid where the lawyers are law students or a lawyer gives his time and works for free. Try legal aid.

  • Tiffany

    My husband I and separated in October 2011. Our divorce was finalized November 2012. We have two daughters together. I have residential custody of both girls, they live with me full-time and dad has visitation. When I filed taxes for 2012, I claimed our oldest as a dependent/exemption and claimed EIC for both girls. Isn’t my ex allowed to claim our youngest for an exemption as well as the Child Tax Credit?

  • VGP

    I am getting divorced. Both my husband and me are not citizens of USA. My husband is letting me take our 6 months old son to India and give me sole custody. But he wants me to sign form 8332 so that only he will be able to claim my son as a dependent. I will be working in India. If I sign this form 8332 then will I be able to claim him as a dependent in another country?

    • tomcat

      Are you going to pay taxes in India? If so, let him claim for one year and then you claim for the rest of the time. Peace be upon you…..

  • richelle

    if your parent claimed your tax credit and they agreed to pay you that portion and they have not is there anything you can do about it ?

  • Asia

    Is this true,my husband told me,when i get i job and i have some paper to filling up ,he told me put single ,so i cant pay any taxes ,because he want our child to be his dependant ,he said if i put single i wont pay taxes ,is that true.

    • tomcat

      No, it is NOT.

  • dee

    I and my husband are seperted and I have custody of our 17 year old she has lived with me in our house and i am responsible for all the payments and her care., but my husband has claimed her as a dependent on his tax return and hence when i file it is an error, how do i go about filing my taxes as the head of the household since we have been seperated for a year now.

    • tomcat

      Talk to the IRS help line before you file.

  • Wisconsin Dad

    My ex-wife’s and my Marital Settlement Agreement calls for joint custody of our two children. She is to claim our daughter and I am to claim our son. Last year we informally (no written amendment to our MSA) changed the living arrangements of our son which resulted in him living with her significantly more than with me. Can I still claim him as a dependent on my tax returns?

    • tomcat

      I would say “NO” but in this day and age, who knows! Talk to the IRS help line and or ask them for a ruling on the internet.

  • Victor Simmons

    Me and my spouse have separated and are not on the best of terms at the moment. To make matters worst I am now neing audited from 2011 and I cant prove that my children were living with me because she has all the documentation. What are my options?

    • tomcat

      Prayer is a good start! If she wouldn’t give you excess to the records, Report it to the IRS and let them contact her.

  • Beth

    We are a blended family.. My ex husband and I have 2 boys together age 9 with special needs and age 8 yrs old. My 2nd husband and I have 1 baby boy together (toddler).. My ex husband had abused the boys right before he left to Oklahoma on Mother’s day 2010. My older sons former teacher had done a behavioral report acknowledging this had happened. My ex husband is also in the national guard, though when he left he was not assigned to move to Oklahoma but it was based on his older sister manipulation.. He is currently in Afgh till Sept and by then it will be 3 yrs since he seen his kids face to face in person. He will send gifts and call on holidays like Birthdays and christmas’s. He also had a chance to come see them in july last yr when given leave and time off from his job (target store) but instead of coming to see his kids..he decide to take his gf to california instead and go to disneyland for 2 days and universal studios for 1 day, and there are pictures of it on facebook. My ex does’nt pay child support, except 2 yrs ago he sent the boys a walmart gift card of $200 and another time a money order of $400..I don’t push the child support cause of all the horror stories I have been told on how ex husband will try to get custody of the kids instead of paying child support.. plus, at time the place we living at now was known as based income housing.. My husband is a Army veteran and has been with hsi federal job for 7 yrs straight and has a good reputation at his work and speaks highly of his 3 boys!! So, my husband now has money but not rich we are just under the middle class scale..And my husband is ok with supporting my older 2. In fact, they refer to him as dad since he has been in there lives and been there for them.. My kids love their little baby brother and do not want to be apart from Him. My husband wants to adopt the boys, but I know my ex wont allow it..

    I am afraid of my ex husband and his family. We both made errors in our former marriage, but he had told his family details about my mistakes and not of his own.. they think he is a sweet,innocent, always right, do no wrong person all cause he is military and catholic..even if the evidence and proof is sitting in front of there faces….and cause of that damage done, I’m afraid they will back him up out of spite for me and I think that is main reason they have never have called their grandkids, so they dont have to talk to me!!!

    The only family on his side that has come to visit the boys and us, is his brother and his wife. The boys dont even know their grandparents (my ex parents) they dont even call Ever!! We would spend money we did not have, to see our families out in Cali for 7-10 days, but never once they come and see us out here except for my dad and he comes out here to visit every 3-6 months.. I want my husband and I to have sole and protective custody of the boys if my husband cant adopt… I’m afraid he’ll come out here and take the boys and not return them, and hurt them…. what can I do or should do??

    • tomcat

      Since you and number one have screw’d up your marriage and he is label the bad one by the good one, the children should be able to do what will make them happy and you two; now three should do your best to see that it comes about. It sounds like to me, that there is a lot of room for “spite” in all of you. Stop play the good wife; the bad wife/husband. If your ex-husband is still in the military; he has a “First Sergeant” or a “Command Sergeant” he will make sure your X does what is right. Now, don’t go trying to cause him a lot of trouble. If so, it will backfire on you. Peace is the word and you go your way and he goes his. Remember, you both screw’d this up and now you must work it out; like sober adults with children. I feel sorry for the children. God Bless them.

  • Nicole

    What if the child is 22, full time college & in the divorce decree it states the father gets to claim him & the mother gets to claim the other child. However it never states to what age the children are so the mother claimed both

    • tomcat

      Now, read what you wrote, real slow, now the first child is twenty two years of age and in college.( I wonder if he has a job. If so, does he file his return with his father?)

  • Dad

    A material and substantial change justifying modification because of prority consult recommendations where sole custody of children was transfered. I now have custody of children the children spend 24 hours a month now with their mom. I would like to claim children as dependents for tax time. However there is a signed, filed parenting plan prior to this substantial change where I was given custody, that states she claims them. Do I need to file a motion to amend this (if so how and does it require to set a court date) or can I just claim them, without an amending or her agreement since the custody has changed and I meet all criteria for allocation of dependents for state of NM.

  • Jim

    Why does this have to be so damn complicated!?

  • Ana

    My son lives with my mother , his grandma, but I send support per month
    and pay additional expenses . I am keeping a log and receipts for every payment i make. Am I entitled to claim him on my income
    tax return? Or partial credit ?

    • tomcat

      50/50 between you mother and you.

  • Rebecca

    My divorce decree from 2009 states that my ex-husband and I take turns claiming our child on taxes every other year. Since this original decree was written, it has been modified, and I have full custody of our child. My ex-husband only has supervised visits every other weekend. Is there a law that prevents me from modifying the divorce decree so I can claim my child every year?

    • tomcat

      Oh hell yes. You are female aren’t you. Just wear long eyelash and a short dress and cross you legs. The judge will rule in your favor be the judge male or female, and his lawyer will be asking him; how and why did you let a fox like this slip out the door. “Dog”.

  • Michael Walker

    My divorce decree states that I (the defendent) can claim my son on my taxes each year starting in 2003. And that my ex (the plaintif) can claim our daughter each year on her taxes starting in 2003. Does any other law (tax code or other) change or disallow this?

  • Faith Steven

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  • curious

    I signed over my parental right in Oct to my sons stepdad so he could adopt him. Can I still claim my son for the past year on my taxes? It’s in our divorce decree that it is my year.

    • tomcat

      NO!!!!

  • Renne

    My husband has been divorced for 28 years and he has been done paying child support since his daughter was 19. She is a full-time student and makes less than $2500 a year & we have alsways alternated years on who claims her and is stated in their divorce decree. Now that she is a full-time student does the every other year still allow us to claim her? We have always alternated years with his ex.

    • Renee

      Sorry been divorced for 20 years =)

    • tomcat

      Sorry, that would be an IRS question which they will do for free.

  • tammy

    my 2011 divorce decree state joint custody and dependent deduction rotated. Child is now 20 and full time student. I am paying all tuition, rent and utilities, car and car insurance. Child is working. Can she be emanicipated and I get the college deduction while the ex takes just the dependent deduction? the decree only addresses the dependent deduction. NO college, HOH etc.

  • Nik

    My divorce decree states that my ex-husband and I take turns claiming our child on taxes every other year. Since this original decree was written, we have been in and out of court for custody and now I have full custody of our child. My ex-husband only has visits every other weekend. Is he still allowed to claim her every other year even though custody is no longer 50/50 and I am the custodial parent?

  • Divorced dad

    I’m currently divorced and have 2 boys. My ex wife does not work and I pay child support and also have joint custody. In the divorce decree it states that until my exwife works a full time job I can claim both of them. Well my ex wife is threatening saying she is going to claim one of the boys even tho she only worked part time at a mini golf place for less than 3months. What do I do? She doesn’t even work and it says IN the divorce decree that I am the one who claims both children!
    Please help! Thanks.

    • tomcat

      Claim them and keep your mouth shut to her and every one else.

  • sandy

    I am a custodial parent with a disabled child. Non-custodial parent pays thirty dollars a week for child support. However, never sees the child. Also, my child never veen to his house. My child is now ten and non-custodial parent got a hold of his social security and filed tax return for my child as his depenent without my permission or form 8332. Is this unlawful and what can I do if I cannot file taxes.

  • Dublj1

    My son and his former g/f had two children together and never married. After they split, the courts issued a ruling giving him the right to claim them as dependents. He has not worked or earned more than $3000 the past two years. I claim him as a dependent. Additionally,though the parents are supposed to share physical and legal custody, they have lived with us slightly more than six months when all is said and done. Will the IRS recognize the court documents? And, can.I claim all on my return?

  • VITO

    HI MY X WIFE SAYS MY SON IS HEAD OF HOUSE HOLD SO SHE GETS THE BIG RETURN, BUT I BUT MY SON DOWN AS A DEPENDENT IS THAT OK, IT SAYS IN MY COURT PAPERS THAT MY SON IS MY DEPENDENT, WHATS THE DIFFRENTS

  • tomcat

    This is a grey area and an opinion from the IRS would be your best way to go.

  • Michael

    The mother of my kids and I are seperated and I pay child support but not able to see my kids per court, can I request to have supervised visits with them

  • Jacqueline Hamilton

    My son is start full time college course and I am divorce from my husband but I live with my kids and partner.
    but my son college money got half because me and my panthers income .
    my son is 20 years old just now and going be 21 years old in January. 2015 can I clam or my son claim Any extra money so he has a in come or will be able claim off his father for money help him along the way I do not know were to turn and I live in Scotland don’t know if this chance anything ???? Help please