Dear singleagain:
Greetings. First, we look at the separation agreement to determine which party is allowed to claim the children for income taxes. When the separation agreement is silent as to the dependency exemption, then we look to how many over-nights each parent has the children. The parent with the majority of overnights in the income tax year gets to claim the children for that year. It sounds like you had the children a majority of the time, so you should claim the children. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.