Tax Return and Claming Children

My wife and I split up last year on Sept 1st. She lost her job in April and I was the only one working I clamed our 2 kids on my W4 so there was not as much taxes taken out of my check. It is now tax time and she is telling me I cant claim them or even one of them on my taxes becauseI no longer live with them. Is this true? Can I clam one child and her the other? There is no legal seperation aggreement the only thing that has been done is child support and that started back in November.

The child tax exemption is determined by an agreement or order. If there is neither, it is based on tax law, and the law bases this on the number of overnights the children spend with each parent. The parent with the children the majority of the time gets the tax exemption.

ok. Since we split up in Sep and there is no order in place what should I do should I clam one child and her the other? There is no order for visitation either only child support .

your question was already answered above…if there is no agreement in place, the parent who has the most overnights gets to claim the tax deduction. Whoever had them more from September-December 31 gets the deduction.

Since you separated after more than 1/2 the year had passed, you need to refer to the instructions for the 1040 form to determine who can claim the children. If you cannot determine after reading the form, you need to consult with your accountant. I am not a tax attorney and this is not a tax forum.