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who should get to claim the kids at tax time?

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jennyblueeyes

Guest
What is the name of your state?Missouri
I was just wondering who gets the right to claim my kids at tax time? They will be living with me, but my husband thinks we should each get one. The only money he is giving me is about $100 a month. My "child support" actually comes from the state social security office. I was jsut wondering before I file all of the paperwork for the divorce.
 


tigger22472

Senior Member
Generally that is decided through the court order, however if it's not addressed (as mine wasn't) the IRS will tell you that the person that provides more then 50% of their care is legally able to file on the children. In my opinion however I believe it's fair that as long as the NCP is up on support (which can also be a stipulation) that each parent should get to claim a child or alternate years. So that there aren't problems later I would make sure that your lawyer has this addressed in the final order.
 

nextwife

Senior Member
Many couples agree in their decree to alternate years (as long as the claimant has income, etc,). HE gets odd years, she gets even, for example. That is a more fair way to address it.
 

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