Welcome to “America” spelled with a “K”. Not having it writing pretty much puts you at the mercy of the IRS. The rule is that whichever parent the child resided with for the majority of the year, is the parent that gets to claim them on the taxes. A judge will probably not allow a hearing just so you can claim one of the kids. Your only option may be to have your support re-evaluated through the court, and add that as one of your provisions.
The parent who provided more than 50% of the support for the children is the parent who is legally entitled to take the deductions, if you both claimed deductions for the same child the IRS will pursue reimbursement of those funds. If you can prove you provided more thatn 50% of the support the IRS will give you the deduction. If you would like to take the deduction in future years you will need to file a motion to modify child support or an action for child support if this matter has never been before the court before. If your ex wife has primary custody it is unlikely the court will grant you the deductions.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
My ex-wife and I never had it in writing who was to claim our 2 children on our taxes. I have claimed my oldest daughter who is now 16 for the past 2 years. My ex has been claiming our youngest daughter who is now 7 years old. My ex has turned my in to IRS stating that I did not have the right to claim either and now IRS is wanting a payback of $1600.00. How can I go about getting this to a Judge in order for me to be able to claim 1 of my children? I pay my child support every month, it comes out of my check and I also pay for their insurance every month. I don’t want to have to go back to court and she will never agree to let me claim one or put it in writing. The more “H_LL” she can put me through the better.
Thanks for any help.