QUESTION
In a divorce, how is claiming dependents on taxes decided?
Asked on Jan 08th, 2013 on Divorce - Texas
More details to this question:
My wife and I have been seporated and we're in the process of getting a divorce. We have 2 childeren that live with me throughout the year, but since she gives me money for child support, she is requested that she claim the kids on her income tax. I'm don't know the legalities behide who gets to claim them as dependents so I thought I'd ask.
1 ANSWER
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This is a case where federal law dictates the answer. Under the Internal Revenue Code, the parent who is the primary custodian gets to claim the children. Sometimes in divorce cases we make provisions regarding who gets to claim them, but the federal government doesn't care one bit about what a State court rules.
So, to answer your question, it sounds like you get to claim them under federal law. You may, because you are a nice person, allow her to claim them, but that is solely your decision. If you both claim both children, then ultimately, when the IRS flags your returns, you sir would win the battle. At least that is my understanding of how that works.
Good luck.
Answered on Jan 11th, 2013 at 11:35 AM