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claiming children

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jschofi4

Junior Member
What is the name of your state (only U.S. law)? md

i am the father of 2 sons one is my biological son the other i adopted in '08 which is my biological son's mother. My sons' mother and my self are no longer together in '07 she claimed both boys on her taxes and received full payment for both in which i received no money from and the oral agreement we had was that she would claim both in '07 and i would claim both in '08 but now she said she is going to claim one child and i can claim the other. what can i do to protect myself in the case that im am audited by the irs.
 


Rexlan

Senior Member
Check the code. If you are paying support in X amount the deduction is automatically yours. Take it and then battle it out with IRS if needed. You have proof of the support and can point to the code. Then it her responsibility to prove that she paid more than 1/2 of the support to get the deduction back.

If you just have an "arrangement" that is foolish. You could not get along when married so why would you think you could now that your separated. If you can not prove the support them forget the deduction and move on. Surely you are talking about a pretty small $$ figure in the increase of actual taxes paid.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? md

i am the father of 2 sons one is my biological son the other i adopted in '08 which is my biological son's mother. My sons' mother and my self are no longer together in '07 she claimed both boys on her taxes and received full payment for both in which i received no money from and the oral agreement we had was that she would claim both in '07 and i would claim both in '08 but now she said she is going to claim one child and i can claim the other. what can i do to protect myself in the case that im am audited by the irs.
Who is the custodial parent? What is the custody order state in regards to taxes???
 

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