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Can my ex wifes new husband claim our child that my ex and i share together on his taxes?

Santa Rosa, CA |
Filed under: Family law

My ex wife and I have two children together. We have a court agreement that she claims one on taxes and I claim one on taxes. She doesnt work right now, but does that mean that her husband claims our child as a dependant on his taxes>?

Attorney Answers 3

  1. If they are filing joint tax return, they your wife has the right to take the one dependant child exemption per your agreement.

  2. Accord with Ms. Jones' response. If your wife was given one dependency exemption, it is hers, whether or not she uses it. If she and her husband file jointly, she can take advantage of the Order or Judgment allowing her to claim that child.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

  3. Both counsel are correct: however in amicable cases the exemptions are usually assigned to the party who can most benefit from them. They can be changed per agreement, and use of the proper IRS form.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

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