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

Asked over 1 year ago - Santa Rosa, CA

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. Elizabeth Jones

    Pro

    Contributor Level 16

    1

    Lawyer agrees

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

  2. Donald Frederick Conviser

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  3. Edna Carroll Straus

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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... more

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