Claiming child on taxes


#1

My custody agreement which was redone in the last 2 years with an attorney and filed in the court. The agreement says that I can claim minor child1 on my taxes and my x gets to clain the child2. Child2 aged out last year and did not get continue schooling so my x can no longer claim child2 (who is now 20). In 2010 child1 ended up staying at the x’s a couple of months before turning 18 (as x allowed child1’s boyfriend to stay over and I didn’t). Child1 turned 18 in August 2010.

My x wants to turn things around and x says x is going to claim child1. Since I have legal papers that I get to ‘claim minor child1’ on my taxes and since child1 was still a minor for most of 2010 do I still get to claim child1? I appreciate any advise you can give.


#2

Yes, if your order states that you may claim the child, you can unless and until your ex attempts to modify the order and prevails in court.


#3

Thanks for the feedback, this is good to know.
Another question. Since the order says that I can claim the ‘minor child’ 1) who is entitled to claim child since child will be 19 this year, but is full time in school? I guess I question this since the verbage has the word ‘minor’ in the order. 2) What constitutes minor?
Thanks again.


#4

I would assume the Order intended for your to be able to claim the child for so long as the child qualifies a a dependent.