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My divorce decree did not address who got to claim my 2 children on income tax. I pay monthly support while she lives off the state receiving food stamps and housing. She recently started working 2 days a week for minimum wage and says she will claim both on taxes. Is this right or what can I do to correct it?
5 ANSWERS
Administrative Law Attorney serving Edmond, OK
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Jencks Law Firm P.L.L.C.
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You should contact the IRS or a tax lawyer for specific information, however, if there is no allowance for you to claim the children in the decree, the custodial parent is the only one with legal right to claim the child under IRS laws. You could file a motion to modify the decree to allow for you to claim at least one of the children, or both of them until she makes enough money to file taxes.
Answered on Nov 15th, 2013 at 6:49 PM
Under IRS rules whoever has 51% or more of time with children has the deduction unless there is an agreement in writing for it to go to the other parent.
Answered on Nov 14th, 2013 at 5:54 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You can file a motion with the court to amend the judgment to have it spelled out.
Answered on Nov 12th, 2013 at 11:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to look at the IRS rules.
Answered on Nov 12th, 2013 at 11:06 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The person who has the majority of the time typically gets the exemption. If you want it, you will have to go back to court and ask for it.
Answered on Nov 12th, 2013 at 11:00 AM