jermster
recently joined
Reged: 12/21/11
Posts: 2
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I really need some help here. I divorced about 15 years ago and we had one child at that time. It was uncontested and supposedly I got Joint custody with my exwife being the primary. There is nothing in my divorce papers about how to do taxes. Since then we had another child but me and my ex never got back together. For at least a decade I have been claiming both the kids on my taxes and splitting the return down the middle with her. The main reason being she has not had a job in forever. Anyways to make a long story short, I just got remarried and my ex now has a job. She is not handling my marriage to well because I let her run all over me and now I am no longer letting her. So to get back at me she says she is claiming both kids and not splitting it with me. They do live with her for the better part of the year. I read somewhere that whoever has the kids for over half the year, that they are the ones that can do all the claiming. Everyone else says that she is wrong and that she either has to split it with me or I claim both one year and she claims both the next year. What is the truth behind this? Do I have a leg to stand on when trying to claim one of the children? Also My new wife has two kids as well. I cannot claim them this year becuase they have not lived with me long enough. But next year who has the right to claim her kids? She cannot file taxes because she is a stay at home mom. If I am a legal gaurdian (step dad) and they live with me for the better part of the year, who gets to claim them? Me or my wife's ex? He seems to think that he gets to claim them seeing that he is the dad. I am understanding that I can claim them because I am their step dad and they live with me for the most part of the year. Any help would be greatly appreciated.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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You are not your wife's children's legal guardian -- however, if they live with you and your wife, it doesn't matter what their dad says, regardless of whether your wife works or not, the custodial parent gets to claim them, per the IRS. Doesn't matter how long they've lived with you as long as they've lived with her, if you file joint taxes.
In the absence of a court order that says otherwise, the custodial parent claims the children, as it is assumed that they resided with the CP and satisfy the IRS requirements to claim them. There is no requirement to split any refund either.
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