Claiming children on taxes

Margaret - posted on 10/08/2012 ( 1 mom has responded )




In our divorce decree we have joint physical custody with me being the custodial parent. He gets the kids 14 days per month. On his weekends (x2) Fri after school till Sun at 8:00. During every week in the month he gets them 2 days per week after school 4pm till 8 pm for a total of 14 days. Per our decree I get to claim 2 of our 3 children and he gets one. My 13 year old son wanted to live with his dad because he hates the fact my boyfriend moved in with us. My ex now has full custody of my 13 year old. My ex and I dont get along it's good sometimes and not. He told me he will now claim my son that moved in with him on his taxes as he provides 100% of everything for him. The court is making me pay him 17% of my pay. My ex does not get money for my son but they lowered how much support he was paying me 17%. My ex said under the IRS tax laws I can no longer claim him as he lives with him and provides a 100%. My son comes over on average 2x every couple of months by his choice. Can my ex just claim him or does he have to have the decree modified? I know if he does he will take me to court to do it. Will the court rule in his favor and allow him to claim the one original child in the decree he was allowed to claim and our son that he now has full custody of ? Complicated I know Thank you


Michelle - posted on 10/08/2012




Legally he is has full physical custody of the child and is supporting him 100% then yes he is the one who should be claiming him on his taxes, you would have to take him back to court to be able to get it so you can claim the one who does not live with him.

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