My ex and I have 2 kids together, who get sto claim them on taxes?

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1. Licensed in FL

   

   Heather MorcroftPro

   Winter Park Family Law Attorney

   Contributor Level 19

   

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   Answered January 26, 2013 05:55. If you don't have an order from a court who gets to claim them or giving alternating years, and you don't have an agreement, then the IRS has rules. Whoever has them more nights of the year gets to claim them, or if you have equal nights per year, then whoever makes more money gets to claim them.

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2. 

   Howard M LewisPro

   Framingham Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered January 26, 2013 06:46. I am sorry that you are going through this. The IRS controls this issue unless you have an agreement to the contrary. Whoever has the children more nights per year may take the exemption or whoever makes more money may take the exemption. However, this is easily modified to help the parties, for instance if the exemption does not help the party who make more money the court can discuss with you that they may give you that exemption rather than waste it. take care.

   Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... moreLegal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise. less

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3. Licensed in FL

   

   Michael McGinnPro

   Tampa Family Law Attorney

   Contributor Level 12

   

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   Answered January 26, 2013 07:21. I agree with my colleagues. I would also add that the Parenting Plan or Final Judgment should have included a provision regarding the dependency tax exemption. To avoid future problems you could file for a modification.

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4. Licensed in FL

   

   John Smitten

   Clearwater Family Law Attorney

   Contributor Level 17

   Answered January 27, 2013 08:19. You have to go back to court to get clarification on this issue. Contact my office for free consultation 727-446-7659. For this year you can claim them.

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   Deborah G. Fiss

   Jackson Heights Child Custody Lawyer

   Contributor Level 12

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   Answered January 26, 2013 07:04. IRS Reg. 8332 states, absent an agreement otherwise, that the party with whom the children reside more than half the year and who pays more them 50 percent of their support gets to claim them! Since they live with you, claim away! (If you both do, the IRS may inquire, but you'll prevail!)

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