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Houston
recently joined

Reged: 01/06/12
Posts: 11

Income Tax Claims

#778907 - 03/03/12 10:18 AM

For 6 years ex has been claiming child on her income taxes. Nowhere in the decree it is stated that she has the right to claim child.

Should I go ahead and claim child next year? Whoever fills first works in this case??

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BeachBabeRN
Carpal \'Tunnel

Reged: 01/16/06
Posts: 3032
Loc: VA for 21 years, NC forever!

Re: Income Tax Claims

[Re: Houston]
#778912 - 03/03/12 10:48 AM

Nope, whoever provides a home for the child for more than half the year gets that exemption for the year.

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Goodmom
Pooh-Bah

Reged: 06/17/07
Posts: 2015

Re: Income Tax Claims

[Re: Houston]
#778917 - 03/03/12 11:44 AM

[quote]For 6 years ex has been claiming child on her income taxes. Nowhere in the decree it is stated that she has the right to claim child.

Should I go ahead and claim child next year? Whoever fills first works in this case?? [/quote]

It's not whoever files first that will get the exemption. It's whoever had the child the most overnights in a year that decides who gets the exemption.

If your ex has the most overnights, she gets the exemption.

If you file first, you will probably get your return processed. But once she files rightfully claiming the child, hers will get kicked back and then she will provide proof that the has had the most overnights. Her return will then be accepted. And you will be contacted by the IRS to amend your return and to pay any taxes owed based on the corrected return.

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Houston
recently joined

Reged: 01/06/12
Posts: 11

Re: Income Tax Claims

[Re: Goodmom]
#778923 - 03/03/12 01:16 PM

Thanks!

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hanzblinx
enthusiast

Reged: 08/13/10
Posts: 380

Re: Income Tax Claims

[Re: Houston]
#778990 - 03/05/12 10:41 AM

In my case it's in the divorce decree. Whoever did your decree was sloppy if they did not specify.

It does not necessarily always go to the custodial parent. My ex has no job or income, lives in her mom's basement, not sure what she would do with a tax exemption.

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