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My divorce agreement states that my ex husband can claim my children for taxes, I want to claim them, what do i do?

Milwaukee, WI |
Filed under: Divorce decree Tax law

At the time of the divorce I was not working and we both took care of the children. He had them 1 week and I had them 1 week. However, my ex husband does not have contact with my children since last year and they do not stay or visit him anymore and he has never given me part of the credit and he is still claiming them. I would like to know what are the steps I can take to claim them myself?

Attorney Answers 3


  1. Best answer

    You have a few issues here. First you should move the court for child support. Second, as long as you are moving the court for child support you should also request the court amend the judgment so you can claim them on your taxes.


  2. File a motion for child support with the court. In the motion, you will want both child support and to modify who may claim the dependent exemptions.

    Legal disclaimer: No attorney-client relationship is formed by this communication. Any recommendation/information given through Avvo should be considered only as opinion.


  3. The allocation of the child tax exemption(s) between the parties is viewed under Wisconsin Law as an issue of child support. File a motion to revise the support order (or to establish support if there is no prior order requiring montly child support to be paid) and request a different allocation of the child tax exemption(s). Speak to an experienced family law attorney in your area about moving forward. Hope this helps!

    My answer does not make me your attorney or create a former-client/current-client relationship with you. I encourage you to speak with an attorney before acting upon any of the statements I make. If you would like to speak with me further about your issue, please schedule a free initial consultation (in person or over the phone) by calling my office at (920) 459-8490, or by emailing me at info@klpplaw.com. You can also visit www.klpplaw.com for more information.

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