Ok, so I submitted this question back in January of this year:
http://www.rosen.com/forum/viewtopic.php?f=2&t=12454
Basically separated 11/17/10, joint legal custody but children live with me (lived with us both until 11/17 and then with me for the remainder of the year).
I have received a notice from the IRS that evidently the STBX has attempted to claim the girls on his tax return (go figure). It states that “if the child did not live with you for more than half the year, the childn cannot be your dependent”. They lived with BOTH OF US through 11/17 and then with me alone the rest of the year. I’m assuming that living with BOTH of us means they lived with me for more than half the year … but evidently they lived with HIM for more than half the year too since we didn’t leave until November so as usual, I’m confused.
It states that I do not need to take any action if I find that I am entitled to claim the dependent or qualifying child. I just want to BE SURE that I am entitled to claim the girls as my dependents and that he cannot having filed married filing separately or separated.
Am I in the right here having claimed them as my dependents as Erin Clarey stated that I could back in January?