Who claims children

no, legally the person getting to claim the children is whomever has them the majority of the time. If your husband claims them he could get into real trouble. You cannot force her to sign those IRS forms but you could offer her money in consideration of being allowed to claim them. If your husband wants the custody situation re-evaluated he can do so, but this will necessitate filing a suit and involving lawyers. If he wants to have the child support amount re-evaluated he can check the calculator on this website and if the amount is 15% or more different than what he is paying now he can have it modified. He can also request modification every 3 years. If the agreement states he is to have the children every weekend he will have more of a legal leg to stand on if he is abiding by the terms of the agreement and keeping them every weekend.

There is NO WAY we could offer her more money. Between child support and alimony, she is already getting around $1800.00/ month. When they separated, my husband couldn’t afford a lawyer and she had “daddy’s money” to buy her the best, so he was royally screwed. While we barely make it to the end of the month, she lives a wonderful life on all the extra money she gets from him–and still has the nerve to send the children over here asking for more! Excuse the vent. It’s ridiculous though. I am also a divorced mom, with two children from my previous marriage. I never considered treating my ex that way–apparently I’m one of the few. There seem to be so many people out there working to get various laws changed. Well, I wish there was someone out there willing to back a change in this one, because it is totally one sided. There are things that should be taken into consideration, other than just the number of days a child is in a particular household.


sorry you are having such a tough time. The amount he pays for insurance is also weighed as far as the amount of child support. It sounds like you are paying a lot for medical/RX etc - is this part of the agreement? So I would definitely run the child support calculator to see where he stand.
He should be claiming his alimony amount as tax deductible. As far as her sending the children over asking for more. If they are old enough I would explain to them that daddy pays money for mommy so she can help take care of the kids. Then I would send her a registered letter and explain that you all are paying both support and alimony and request that she not use the children in this way to request money.

Just wondering about how long it takes for someone from Rosen to post a reply/suggestion usually.


Sometimes they reply daily, and if they are busy it can take a week or 2. You can search your questions…that has been helpful for me.

I had major tax issues w/my ex. Unless it is stated otherwise in a previous signed agreement/order, than the parent that has more overnights in that year gets to claim the child.

Whoever has the children for the majority of the year claims the children unless the parties agree in writing otherwise. Thank you.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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.

Asking on behalf of husband. He and ex separated 2002, divorced a year later. Separation agreement drawn up by her lawyer and signed under duress by my husband. No court action taken. She asked for what she wanted and he agreed. Therefore he pays in excess of $1200/month child support. We also carry the children’s health insurance and pay approximately 98% of all medical bills, including prescriptions not covered by the insurance,dentistry, orthodontics, etc. There was no stipulation in the separation agreement as to who claims the children. From discussion with his ex, my husband was let to believe that were to each claim one. She “changed her mind” and after 2002 started claiming both children. She does not work, (although is remarried), her income (not her husband’s, but her’s alone) is the alimony we are still paying to her, and the child support metioned above. The separation agreement stated that he was to have the children every weekend, but it has been reduced (without altering the agreement) to every other weekend. So, we do not have the children the majority of the time, but my husband provides nearly 100% of their expenses/livelihood. She WILL NOT sign the form allowing him to claim the children on taxes, therefore she gets the “free money” of child support which she does not have to report AND gets the deduction by claiming the children. We are tired of trying to “work it out” with her-it’s been 5 years-and want to know what can be done. Is it possible for my husband to claim the children on his taxes? Thank you in advance for any information you can provide.