Can my ex husband claim myself and MY child on his taxes legally? What happens if he has already and then i do?

Asked over 1 year ago - Chattanooga, TN

We recently divorced about a month ago it was finalized. He wont talk to me so i don't know if he has claimed us or not. I have been told that he can legally claim us as dependents because we did reside with him less than 6 months ago. Is this true? If i do try to claim my child will i get in trouble if he already has?

Attorney answers (2)

  1. Arnold Garson Cohen

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I agree that you can consult IRS or a competent tax return preparer. Whoever you consult will need more accurate information than your question includes. For example: the date of the final order of divorce [get it and copies of documents from your lawyer or the court]; a copy of the divorce decree and, if applicable, the settlement agreement; the dates during which you and your child resided with your former husband; the amounts or approximate amounts of support furnished by each of you; the date when each of you stopped residing with your former husband. Almost all answers to questions posed on AVVO depend on the accuracy of the factual circumstances presented; change the 'facts' and the answer also changes in many or most cases.

  2. David Andrew Mallen

    Contributor Level 14

    1

    Lawyer agrees

    Answered . The IRS has a taxpayer help hotline and a taxpayer advocate service that may help you in these cases. Or, ask a local CPA.

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,917 answers this week

3,181 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,917 answers this week

3,181 attorneys answering