Ex wants 1 kid for taxes

[rickscitygirl]

What is the name of your state? Kentucky
My ex husband called today. We have 2 daughters 11 and 7. He wants 1 of them for tax purposes. I have sole custody, he pays 83 a week in Child Support, he and I both have medical insurance on the girls plus I have dental, we split any unpaid medical bills that the insurances doesnt cover. The girls are both very active and I pay 100% for their school clothing, their extra activities etc. Our divorce papers and our child support modification papers all say I am the one who claims them on tax time. He said if I didnt agree he would not take me to court because he didnt want to deal with all that. My boss said if he did it wouldnt hold up because he didnt provide half of the support for the girls...
true or false?

 

[VeronicaGia]

What is the name of your state? Kentucky
My ex husband called today. We have 2 daughters 11 and 7. He wants 1 of them for tax purposes. I have sole custody, he pays 83 a week in Child Support, he and I both have medical insurance on the girls plus I have dental, we split any unpaid medical bills that the insurances doesnt cover. The girls are both very active and I pay 100% for their school clothing, their extra activities etc. Our divorce papers and our child support modification papers all say I am the one who claims them on tax time. He said if I didnt agree he would not take me to court because he didnt want to deal with all that. My boss said if he did it wouldnt hold up because he didnt provide half of the support for the girls...
true or false?

Neither your boss nor I can tell you what a judge will decide. If he takes it to court, a judge could rule either way. Until he takes it to court and a judge orders otherwise, follow the current order.

 

[UMgoblue]

Texas

I know that when my ex and I had the "problem" my attorney, and tax preparer advised me that whomever supplies more than 50% of the children's support monetarily, is legally the one who shall be permitted to claim them as dependants on their taxes. So I agree with your boss, however, ANYTHING can change when a judge rules!

 

[Phnx02]

Texas

I know that when my ex and I had the "problem" my attorney, and tax preparer advised me that whomever supplies more than 50% of the children's support monetarily, is legally the one who shall be permitted to claim them as dependants on their taxes. So I agree with your boss, however, ANYTHING can change when a judge rules!

Yes, the above statement is the general rule. But tax forms/instructions also say that in addition to providing more than 50% of the child's support, the child must also reside with the person taking the exemption more than 50% of the time as well (which usually means the CP). However, all this is null and void if you have court documents stating which parent can take the tax credit regardless of the above. You go by what your orders say. He can take you to court to try to get this changed, but in the meantime, you would not be in the wrong for taking the credit for both kids in the first place.....since your orders say you can.