More details to this question:
My divorce agreement allows my ex and I to each claim child. However, my children, who are teenagers 15 and 17, no longer go to his house for visits, as he doesn't even have a place for them to sleep! He has done none of the parenting other than what he "has" to do, and even that is questionable. My question is: since he is not helping to raise the kids at all, can I claim both of our children, even though the divorce agreement says otherwise? He's always "too busy" to help out with everyday activities, and its frustrating that he gets a tax benefit. I've considered just filing with claiming both kid, but am concerned with being held in contempt.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
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Lori Nevias, Attorney at Law
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I assume you have custody and your ex has visitation and pays child support, since you mention your kids no longer "visit" him. If your ex pays support, he gets a tax deduction. If he pays no support and doesn't see the kids, claim them both and let him fight you. The IRS doesn't care- whomever claims the deduction first gets it.
Answered on Mar 21st, 2017 at 9:26 PM