We were advised that we were allowed to claim at least 1 child, since we can't deduct the support and the ex-wife doesn't have to declare it as income. Is this true?
Family Law Attorney
The first places to look for the answer to your question are the Final Judgment of divorce, and if applicable, the marital settlement agreement or mediation agreement. In many cases the parties have previously come to agreement on how to claim exemptions and deductionns associated with minor children. If the deductions/exemptions are not addressed in either the Final Judgment or the agreement however, the IRS rules allow the parent who has the child(ren) more than 50% of the time to claim them.
Finally, child support is not considered income. So the parent who receives child support does not report it as income, and the parent paying child support cannot deduct it from his/her income.
I suggest that you speak to an attorney in your area who has experience in family law and child support. That attorney would be better able to address the specific circumstances in your case and to explain the options you have. Good luck.
I agree with the other attorneys. One important point to note is that he cannot claim the kids unless you sign a Form 8332. Please see my legal guide entitled DIVORCED OR SEPARATED PARENTS-DETERMINATION OF DEPENDENCY EXEMPTION here at avvo at the following link for more details about the tax rules in this area: http://www.avvo.com/legal-guides/ugc/divorced-or-separated-parents-determination-of-dependency-exemption.
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