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claiming children for tax purposes

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nessa1965

Junior Member
What is the name of your state? Georgia
I have three children, and I have cusdoty of them. My ex-husband and I have been divorced for over 7 years now and when we first got divorced we agreed to split the children on taxes, one of us would claim 2 of them a year and one would claim one of them, it would flip the next year.The problem with this arrangement is that my ex- husband was supposed to have had a tax paper that the IRS requires signed each year BEFORE he was eligible to claim the children. HE HAS NEVER HAD THIS PAPER SIGNED. I was told by the person that did my taxes ( a cpa) that he was required to send in that paper before he could legally claim them. I would like to know what rights I have about not being able to claim all three of my children on taxes when he obviously is getting credit for these kids on his taxes and not doing it legally. I have been told by a few people: the current lawyer I have, and by the CPA that did my taxes last year that the goverment goes by what is in the divorce papers, well that's all well and fine but what is in those papers is that he is suppose to have this paper signed before he can claim them, so I think rightfully, I have cusdoty of them, they live with me and ARE WITH ME 365 days a year, and he hasn't abided by the law in getting the appropriate papers signed, i feel like he shouldn't get to claim them, and I also feel like he should have to pay back for all the money he has recioeved, and for all the money that it has cost me for him claiming them when I could have claimed them myself. What should I do legally?
 


LdiJ

Senior Member
What is the name of your state? Georgia
I have three children, and I have cusdoty of them. My ex-husband and I have been divorced for over 7 years now and when we first got divorced we agreed to split the children on taxes, one of us would claim 2 of them a year and one would claim one of them, it would flip the next year.The problem with this arrangement is that my ex- husband was supposed to have had a tax paper that the IRS requires signed each year BEFORE he was eligible to claim the children. HE HAS NEVER HAD THIS PAPER SIGNED. I was told by the person that did my taxes ( a cpa) that he was required to send in that paper before he could legally claim them. I would like to know what rights I have about not being able to claim all three of my children on taxes when he obviously is getting credit for these kids on his taxes and not doing it legally. I have been told by a few people: the current lawyer I have, and by the CPA that did my taxes last year that the goverment goes by what is in the divorce papers, well that's all well and fine but what is in those papers is that he is suppose to have this paper signed before he can claim them, so I think rightfully, I have cusdoty of them, they live with me and ARE WITH ME 365 days a year, and he hasn't abided by the law in getting the appropriate papers signed, i feel like he shouldn't get to claim them, and I also feel like he should have to pay back for all the money he has recioeved, and for all the money that it has cost me for him claiming them when I could have claimed them myself. What should I do legally?
He is supposed to have a signed form 8332 from you, OR a valid substitute for form 8332. Sometimes divorce decrees (if they are agreed orders) can substitute for a form 8332.

However, even if you were able to legally assert your right to claim the children under tax law, you still have to deal with the state court if you did so. You might be able to legally claim all of them under federal tax law, but you might be in contempt of court on the state court level if you claim all three children.

If the children are with your 365 days a year, and particularly if he is not paying his child support, you may want to take it back to court to get it ordered that you get the exemption for all three children every year.
 

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