QUESTION
Can I claim kids on tax if they live with me?
Asked on Dec 07th, 2012 on Taxation - California
More details to this question:
I got divorced on 2/9/2010 and in our divorce it states he can claim a child if he is current on his support and he is not he knows how to beat the system and the judge keeps denying his appeals because he lies. Well I contacted IRS because he claimed one of the kids last year and he was not current I got a letter from IRS to inform me what he has done I called today and they said in 2009 a law passed the one who lives with the kids claim it even if the judge put it in the divorce it does not matter if I claim them this year and if he becomes current can I continue to claim them the IRS said yes from 2009 does not matter will not take court cases and ruling. I want to do the right thing and afraid what IRS says then get a contempt of court. IRS states they don’t go by court records it’s the new law passed in2009.
3 ANSWERS
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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The current law provides that for spouses divorced on or after January 1, 2009, the custodial parent gets to claim the deduction, irrespective of what the divorce decree states. However, the custodial parent can allow the non-custodial parent to take the deduction by signing IRS Form 8332 to release the deduction.
Answered on Dec 09th, 2012 at 10:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you want to do the right thing, contact an attorney and make sure that you are not violating the court orders or the IRS regulations.
Answered on Dec 09th, 2012 at 10:29 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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The IRS won't look to the divorce agreement or decree of divorce. But if your ex provided a majority of support that likely will be determinitive. And even though the IRS may not care about the agreement, you and your ex can agree that he gets one dependent and you get the other if he is current, and you breach that agreement at your peril.
Answered on Dec 09th, 2012 at 6:58 PM