Mcoco
recently joined
Reged: 01/25/07
Posts: 16
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I haven't filed for divorce yet but have a question regarding filing next time. Can my ex claim my children on his federal return. They will live with me and I will be the one taken care of them. He will pay CS, but it will not come close to helping his kids out that is if he pays it. I wnat everything in my divorce decree so that he can't come back and say anything. He will be living in LA and I in TX
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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There is really nothing stopping him. You have no court order saying the contrary. IRS has guidelines but they will not get involved in your marital problems especially sans a court order.
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13.1...because I am only half crazy!
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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UNLESS you have a court-order, temporary or final stating who is allowed to have the exemption, then it comes down to whoever files first.
Additionally...if the court says that it takes $1,000 a month to support the child and he is paying $501 in child support, then in accordance with the IRS, he has every right to claim them.
And they are NOT "my children"...they are "our children"...as long as he is paying child support...split the damn deduction!
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Mcoco
recently joined
Reged: 01/25/07
Posts: 16
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this is spmething i found you might want to reconsider your answers....2. It is generally desirable for the parties to agree as to who will cliam the dependency exemption of the minor children for tax purposes. Under exsisting law, the custodial parent is entitiled to claim all children in his or her custody as dependents for tax purposes, regardless of the amount of child support paid by the other party. The parties are still free to allocate the dependency exemptions differently, if they choose to do so.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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Under exsisting law, the custodial parent is entitiled to claim all children......
---> But said "law" does NOT apply here because you are NOT the "custodial" parent...you haven't filed for divorce so CUSTODY is NOT an issue.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Who says you are the custodial parent? You have a court order?? If you do then you are in luck, if not then it is who files first!
You may be the "de facto" custodial parent but that is it as of now.
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13.1...because I am only half crazy!
Edited by Miranda (02/10/07 02:08 PM)
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