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Can my ex husband claim myself and MY child on his taxes legally? What happens if he has already and then i do?

Chattanooga, TN |

We recently divorced about a month ago it was finalized. He wont talk to me so i don't know if he has claimed us or not. I have been told that he can legally claim us as dependents because we did reside with him less than 6 months ago. Is this true? If i do try to claim my child will i get in trouble if he already has?

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Attorney answers 2


The IRS has a taxpayer help hotline and a taxpayer advocate service that may help you in these cases. Or, ask a local CPA.

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


I agree that you can consult IRS or a competent tax return preparer. Whoever you consult will need more accurate information than your question includes. For example: the date of the final order of divorce [get it and copies of documents from your lawyer or the court]; a copy of the divorce decree and, if applicable, the settlement agreement; the dates during which you and your child resided with your former husband; the amounts or approximate amounts of support furnished by each of you; the date when each of you stopped residing with your former husband. Almost all answers to questions posed on AVVO depend on the accuracy of the factual circumstances presented; change the 'facts' and the answer also changes in many or most cases.

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