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.
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.
Thank you soooo much!!!
You’re welcome. Glad to be of assistance.