who claims the child after the divorce?

[raggraphx]

I live in New York State. My Jerry Springer'esque ex wife doesnt work and she is remarried with a kid from another man. The ink wasnt even dry on my divorce papers. They just got married a month ago right before the new year. I've paid child support every month even though we were only been seperated for the past 2 years.


Now do I claim my kid because Im pretty much supporting her? or does she claim her because shes living with her?

please help
R

[penelope10]

This is the third or fourth post by different people this month regarding this same issue--Does your decree address this ? If not, how is custody set up?

[VeronicaLodge]

did your divorce order and parenting plan (or marriage dissolution agreement) address who gets to claim the kid?

[VeronicaLodge]

jinx penelope!

[raggraphx]

We did an uncontested divorce so no, there's nothing set up that says anything about claiming the child

we have joint custody but she has physical custody. I see my daughter alot

[StampGirl]

If your decree doesn't address this issue, then the parent who has Physical custoday (your ex wife) gets to claim the child.

Go to court and see if you can get alternating years.

[LdiJ]

Originally Posted by StampGirl

If your decree doesn't address this issue, then the parent who has Physical custoday (your ex wife) gets to claim the child.

Go to court and see if you can get alternating years.

I agree with this advice...however please understand that THIS year, you do NOT get to claim the child. She and her husband get to claim the child on their joint tax return. ACCEPT that reality.

FYI, I am a professional tax consultant...so I honestly know what I am talking about.