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DadW3girls
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Reged: 03/01/10
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Loc: Massachusetts
Who gets to claims the dependents on the taxes?
      #637532 - 03/01/10 08:56 AM

Divorced three years ago in Massachusetts. I pay child support (apprx $17,000 annually). My ex has physical custody of the girls and we share legal custody. My wife claims she has the final say on who can claim our three daughters as dependents on the taxes. We file seperately and this causes a problem. I provide as much, possibly more, than her income towards the children. Shouldn't I be entitled to claim a dependent or two on my taxes?

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googledad
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Re: Who gets to claims the dependents on the taxes? [Re: DadW3girls]
      #637533 - 03/01/10 09:03 AM

What's the CS order say ?

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DadW3girls
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Reged: 03/01/10
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Re: Who gets to claims the dependents on the taxes? [Re: googledad]
      #637538 - 03/01/10 09:14 AM

It doesn't say anything about taxes. Just how much a week I pay and provide insurance for the children.
After reading through some of these posts, it looks like I have no right to claim them because the children live most of the time with there mother. I only have them on weekends.


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Avaya
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Re: Who gets to claims the dependents on the taxes? [Re: DadW3girls]
      #637591 - 03/01/10 11:53 AM

Your EX wife doesn't get a final say on who claims the dependents - the IRS says who can claim them. The IRS says that the custodial parent (physical custody) gets to claim the children. If they spend more overnights with you, you may be able to compel her to release the exemptions, but without the form, you cannot claim them and make it stick.

I agree that it's not fair to pay that much CS and not get to claim a child, but that's how it is. Personally, I'd keep that in mind when/if she asks for $$ for extras that you don't have to contribute toward.

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flowerdad
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Reged: 03/03/10
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Re: Who gets to claims the dependents on the taxes? [Re: Avaya]
      #638246 - 03/03/10 11:34 AM

I our agreement we have stated that I can claim them for tax purposes, even though they live 65% of the time with their mom.

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Avaya
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Re: Who gets to claims the dependents on the taxes? [Re: flowerdad]
      #638423 - 03/04/10 09:56 AM

The IRS will not enforce that if she chooses to reneg on the agreement.

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DadW3girls
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Reged: 03/01/10
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Re: Who gets to claims the dependents on the taxes? [Re: Avaya]
      #638441 - 03/04/10 10:20 AM

We have no legal agreement and the kids do stay with her more than with me so I guess I get squat. I love my children and am glad to be able to provide what ever I can. But what irks me is the way she spends the $1,400.00 a month! The house they rent is always a mess and dirty. No food in the fridge. I don't work in town so I only see them on every other weekend. Often times the kids are hungry so they call me for food. I'll order some pizzas or whatever and have it delivered to the house and pay for it over the phone. My ex used to order "Wine of the Month" club and all this BS instead of spending on the kids. She very seldom ever buy's the kids clothes(or does laundry) so I usually end up doing it because I can't stand to see my kids in rags and no shoes. I'm damned if I do and damned if I don't. I know she's taken advantage of the situation but my kids come first over how I think she's screwing me around. Justice will happen someday.

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Avaya
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Re: Who gets to claims the dependents on the taxes? [Re: DadW3girls]
      #638497 - 03/04/10 12:09 PM

Document and get PROOF, then do something about it through the legal channels - try to obtain custody. But you're going to need more than complaints and speculation, you're going to need proof.

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superdad438
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Re: Who gets to claims the dependents on the taxes? [Re: Avaya]
      #647618 - 04/01/10 01:58 PM

In Utah, it's a pretty standard rule to split the children. Either 1 and 1 or 2 one year none the next.

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Avaya
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Re: Who gets to claims the dependents on the taxes? [Re: superdad438]
      #647624 - 04/01/10 02:09 PM

Neither Utah nor Alabama nor California nor North Dakota....and the list goes on....gets to decide who claims a dependent. The IRS, governed by the US Government is who sets forth the rules.

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