Tax issues


#1

I have primary physical custody of my 2 kids. No where in any of our papers (custody nor equitable distribution) does it state who is allowed to claim the kids for tax purposes. The first year, I said he could claim one of the kids for tax purposes. Since that time, I have claimed both kids - he hasn’t asked to claim one, hasn’t said anything about claiming one. I pay for the majority of their expenses. The kids are with the majority of the time. Yes, I do receive child support…that I had to fight for. Now, he is saying that there was an email exchange among the lawyers stating that he could claim the oldest child - agreed…there is an email exchange stating that BUT it was for that year ONLY. He has other deductions that he uses when filing taxes. I have the 2 kids & that’s it. Am I wrong for claiming both kids? IF he was nice & we got along, it would be different. BUT he cusses me every chance he gets (we’ve been divorced for 5 years!). I am nice, civil, and I do my best to accomodate his wishes…him - NEVER. It’s his way or no way. I pay for all childcare expenses, insurance, etc. The amount of child support I receive barely covers rent.


#2

Unless the agreement between the parties includes a provision about who gets to claim the children, federal tax code gives the dependency exemption to the parent who has the child more than 50% of the time. If you have primary physical custody, and have both children more than 182 overnights each year, you should get to use both dependency exemptions.


#3

Thank you soooo much!!!


#4

You’re welcome. Glad to be of assistance.