There is actually a set of criteria for determining who gets to claim children in the case of divorce/separation(if filing separately). If you have your children the majority of the time and have primary custody, he cannot claim them w/o you signing an IRS form to give him permission to do so. If he ignores this and you both claim them, he will lose and have to redo his taxes. But, if you have them equal amounts of time then it defers to who makes the most money. If you are primary custodian but he has them most of the time and pays for most of their support, he gets to claim them.
If they live with you for the majority of the year then the IRS will allocate the deduction to you.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I have custody of the two minor children. My STBX cannot carry them on his taxes, can he?
Before we separated in July 08, we always filed separately. I carried the two children and he carried the deductibles.
Since there is a court order that gives me custody of the children, he is NOT allowed to carry the children on his taxes, is this correct?
Let me know.