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  #1  
Old 10-21-2009, 11:50 AM
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Join Date: Oct 2009
Location: Texas
Posts: 2

Claiming kid on taxes after divorce


What is the name of your state (only U.S. law)? Texas

First of all me and my ex wife get along very well. The only problem we have ran in to is claiming our two children on our taxes. They do live with her most of the time so I know she has the right to claim them both. But I have stepped up and helped her after the divorce like giving her most of the household furniture and which wasn't in our decree but a decision I made on my own. Also even knowing we were going to be divorced I helped her get a new car and even helped her out with money that wasn't child support. Even doing all of this I asked to claim one child to help me out and she basically said no. I don't think I can do anything legally to claim on and I won't unless she agrees but I'm wondering if there is a way.
  #2  
Old 10-21-2009, 11:58 AM
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Join Date: Nov 2007
Posts: 8,584
Quote:
Originally Posted by rustyraines View Post
What is the name of your state (only U.S. law)? Texas

First of all me and my ex wife get along very well. The only problem we have ran in to is claiming our two children on our taxes. They do live with her most of the time so I know she has the right to claim them both. But I have stepped up and helped her after the divorce like giving her most of the household furniture and which wasn't in our decree but a decision I made on my own. Also even knowing we were going to be divorced I helped her get a new car and even helped her out with money that wasn't child support. Even doing all of this I asked to claim one child to help me out and she basically said no. I don't think I can do anything legally to claim on and I won't unless she agrees but I'm wondering if there is a way.
well, it would have to be court ordered that mom claims child, and dad claimes one child. when the older child reaches the age of 18 and ages out of being a tax dependant, then the remaining child is switched every year.

however, federal law dictates who gets to claim the children. and they live with mom. so mom claims. mom would have to fill out a 8332 to release her right to file. regardless.

all those "gifts" are not considered when it comes to law.
  #3  
Old 10-21-2009, 12:49 PM
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Join Date: Oct 2009
Location: Texas
Posts: 2
Thank you for the reply. Yes I understand that those gifts don't matter. I just wanted people to see that I'm not a heartless bum just trying to screw there mother. Thanks for the sound advice.
  #4  
Old 10-21-2009, 01:12 PM
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Join Date: Nov 2007
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Originally Posted by rustyraines View Post
Thank you for the reply. Yes I understand that those gifts don't matter. I just wanted people to see that I'm not a heartless bum just trying to screw there mother. Thanks for the sound advice.
you're welcome!
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