Skip to main content

Tax exemptions for children in divorce

Seattle, WA |

If there is some sort of stimulus package(or whatever it is to be called) who will get it if me and my wife were married up until feb.and we filed joint. I am the primary provider (husband). she gets to claim the children for 2011/i get 2012 the years rotate back and forth as per divorce papers. . but the papers say that under designation of custodian for federal and state statutes i am the primary. so who would get the money and are stimulus or whatever they call it this time, tax exemptions or something else? thanks

Attorney Answers 2


  1. You can find a general explanation at http://family-law.lawyers.com/child-custody/Child-Tax-Exemptions-Deductions-and-Divorce.html - If this does not help you - you should hire an attorney to go over your paperwork (divorce papers, etc.) to see how the particulars in your situation should be resolved.

    IMPORTANT: We cannot answer any questions without discussion, analysis or clarification. To do so would not only be inadequate, but could result in an incorrect conclusion leading to major legal problems for the person relying on the erroneous response based on insufficient facts. Although future representation could be discussed by telephone or e-mail, under no circumstances will an attorney-client relationship be formed without a signed letter of representation from GP Schoemakers PLLC, or more formal written agreement and payment of any required retainer deposit.


  2. In the eyes of the IRS, which is what matters, the custodial parent gets the dependency exemption. It doesn’t matter what the divorce decree says. For more information, please click the link below to see my legal guide.

    This post should not be construed as formal legal advice or the formation of a lawyer/client relationship.<br /> <a href="http://www.joanbundylaw.com" target="_blank">Joan M. Bundy, Attorney at Law, Casa Grande, Arizona</a>&nbsp;|&nbsp;