• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Soon to be Exwife claimed dependant that she agreed to let me claim on sep papers

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

U

USPATRIOT

Guest
My soon to be Exwife claimed both of our two children on her taxes this year. I have devotedly paid her over $7200 dollars in child support this year. Never missing a payment.

On the Divorce/separation papers she agreed to allow me to claim the youngest of the children as a dependant, but she got a case of the "greedies" and claimed them both.

Without the dependant I estimate that I will owe between $1500 - $2000 in taxes this year.

Is there anyway to dispute this or am I just gonna have to take it?


Thanks
 


L

loku

Guest
Special rules apply in determining the exemptions in the case of divorced or legally separated parents:

You would lose the exemption under the general rule, which is that the parent who has custody of the child for the greater part of the year (the custodial parent) is generally treated as the parent who provides more than half of the child's support. It does not matter whether the custodial parent actually provided more than half of the support.

However, it looks like an exception applies to your situation: Exception. The noncustodial parent will be entitled to the exemption for a child if:

1) The custodial parent signs a written declaration that he or she will not claim the exemption for the child, and the noncustodial parent attaches this written declaration to his or her return, OR

2) A decree or agreement went into effect after 1984 and states the noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top