| Jenyphur |
| (journeyman) |
| 01/12/05 07:13 PM |
Re: Divorce decree not clear about who can claim child
|
I have spent about 4 hours on the phone with the IRS people about this issue. Here is EXACTLY what they told me.
They will ONLY go by a decree IF (and this is a big one), there is absolutely no stipulations or conditions attached to the statement. For instance, if the decree states:
2 kids. Parent X can claim one child if he/she is not deliquent on child support payments for the preceeding 12 months.
That is a condition. The IRS won't use it. The person that is the primary care provider (the one the kids spends more time with) gets to claim both children.