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>?
Marriage / Prenuptials Lawyer
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.
Family Law Attorney
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.
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