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MXS87701

Junior Member
What is the name of your state?NM

I got divorced in 1999. on my final divorce decree it states joint legal custody and as for the tax exemptions, that i the respondent will claim the minor child as a tax exemption for all years subsequent to the dissolution of this marriage. As for the tax year 2004 i claimed him for the whole 12 months. am i able to do this, even if the child lived with her and in april she moved to montana?
 


Unless you fill out the proper form from the IRS giving her the child as a dependent she can not legally claim the child. BECAUSE..you have a legal document giving you the right to claim the child. In most divorces, parents take turns claiming the children but that is not your case.

What has really changed? Did you not see the child? Did you not pay support? Whether she moves or not has nothing to do with the taxes. If she or you want that modified you'd have to do so mutually but in writing or go back to court.

Morally, if you didn't help support the child then you should give her the right to reap the benefit of claiming the child that you've had in the past years. Personally, your ex is being ripped off royally by not being able to claim the child every other year but that's was a mistake made by her or her attorney.
 

LdiJ

Senior Member
MXS87701 said:
What is the name of your state?NM

I got divorced in 1999. on my final divorce decree it states joint legal custody and as for the tax exemptions, that i the respondent will claim the minor child as a tax exemption for all years subsequent to the dissolution of this marriage. As for the tax year 2004 i claimed him for the whole 12 months. am i able to do this, even if the child lived with her and in april she moved to montana?
I understood your question differently than the other poster. You claimed that the child lived with you...that would have made you eligible for EIC....that was fraud. If you had been honest and put down the correct number of months that the child lived with you (less than 4 and possibly zero)) you would not have been eligible for EIC. The very best advice that I can give you is the amend your tax return BEFORE April 15th, and pay back the portion of the refund that you were not entitled to recieve.
 

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