Start Your Divorce Today - Premium Divorce Online

Topic Options
#771377 - 01/28/16 05:11 PM Claiming children on taxes
adodoro1972 Offline

recently joined

Registered: 01/28/16
Posts: 1
Hello everyone,

Here is the situation. My ex and I divorced in 2004. We had two children ages 12 and 9 at the time. Since we had split physical custody (one week I had them, the next he had them) and we made close to the same money and he didn't want to pay the $84 every two weeks he was ordered, I waived it.

In our divorce decree it said that we would each have one child to claim on our taxes a year until there was only one and then we would alternate. We did that. My son, the youngest, is now 21, goes away to college, only works in the summer, and we split his tuition and housing, but for the past two years my son has lived with me exclusively when not in school. Because of this I feel that I should be able to claim him every year, until he claims himself. Am I wrong? If you split the 7 months he is at school, since we do both pay for that, that's 3.5 months. I have provide for him the other five, which is 8.5 months. I am the primary provider and should have this right.

Please let me know what you think and how you would broach this situation since this year should be "his" year. And let me give the premise that he is a "hot head". This will not go over well at all.

Thank you!

#771378 - 01/28/16 05:57 PM Re: Claiming children on taxes [Re: adodoro1972]
TJMH Offline


Registered: 07/17/15
Posts: 349
I think you have a reasonable argument which a reasonable person would agree to.

If your ex is NOT a reasonable person I guess you have to ask yourself if it's worth having the argument. Particularly when he's got the plain text of the divorce decree on his side and neither of you really has "custody" of your son.

#771379 - 01/31/16 12:16 AM Re: Claiming children on taxes [Re: adodoro1972]
Goodmom Offline

Registered: 06/17/07
Posts: 2202
From what you posted, take the exemption and ignore your ex when he complains. IMO, you already have been generous enough in not pursuing child support that he should have been paying. Chances are that the court order no longer applies given that your son is well over 18.


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: