Simply_me
enthusiast
Reged: 02/13/06
Posts: 358
Loc: Florida
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If its not in the decree....am I obligated to let the X claim the kids on his taxes......He wants to do this every other year......any advise?
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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If it's not in the decree, the children can legally be claimed by the parent that they live more than 50% with.
However, the two of you are free to work out whatever deal works for your situation.
My thoughts on this depend a lot on the CS situation. In my husband's case, father wanted more custody of the kid, but was denied it. He also provided 100% of the child's needs because mother was unemployed. So in his case, I felt that he should have gotten to claim the child.
If your ex pays his child support and you think he is financially supporting the kids in a reasonable manner, it would be the fair thing to at least split the exemptions with him. That's what I and my ex do. We each take one kid.
Cinder
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Simply_me
enthusiast
Reged: 02/13/06
Posts: 358
Loc: Florida
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If I dont let him claim them....can he take me to court to be able to claim them......thats what he says he will do if i dont let him.
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Curmudgeon
Pooh-Bah
Reged: 06/02/05
Posts: 2002
Loc: MO Ozarks
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He can. That would require a modification of the settlement agreement and that takes a hearing.
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What me worry. I'm retired!
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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He can take you to court. Whether he wins or not will probably depends on how often he sees the kids, how much money he pays in child support, how much money you pay in child support, and whether you are working or not.
Cinder
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jil_stevens
Carpal \'Tunnel
Reged: 07/31/06
Posts: 3893
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Personally, I would allow it with a modification of the decree. I must say ours is very specific in this that x gets to claim one and I get to claim one (we have two kids) but if he is delinquent in his child support obligations then I get both exemptions. He looks like an idiot when he fights it. He has actually stated, before a judge, that he wants that exemption removed because he should get the tax exemption even if he doesn't pay all he is supposed to. Didn't fly very well. Judges kinda like it when people pay their child support.
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LinusluvsSally
addict
Reged: 08/23/06
Posts: 441
Loc: South Florida
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My settlement agreement allows me to claim both exemptions on my taxes. My EX got to keep the mortgage interest deduction on the house.
I think I'm going to offer to split the exemptions with her for 2006 taxes because she doesn't get the interest deduction anymore since the house is now in my name until I can unload the POS.
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