I pay for 100 percent of my childrens college. Their dad pays nothing.
He will still try to attempt to claim them for any advantage he may have.
There is no written language addressing this isssue. Would the IRS side with me as I am the one paying for college (therefore hoping to get tax credit).
Keep copies of your receipts and cancelled checks.
[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
The IRS really doens't get in the middle of this issue. They leave that for the family law court judge to decide. Typically, the parent that is filing for the children, should have something from the court that awards them the right to claim the children. The non-claiming parent then signs a document releasing the right to the filing parent.
If this does not exist in your current parenting plan and the parenting plan does cover college, then I would seek counsel and file for an amendment that solidifies the rights to claim the child. If there have been past exemptions claimed that the filing parent was not entitled to, then there may be claim for damages. You should sit down with your family law attorney and find out why that was not covered in the initial plan and what they will do to correct it.
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