claim kids on taxes.

[kadaverous]

Florida.

Our marriage settlement agreement states that my ex wife claims the kids on taxes every year.
She remarried last year and specifically quit her only job. Currently she is unemployed.
Seeing as the msa states she claims the kids and does not state her husband at all, am I able to claim them on taxes now?

 

[Ohiogal]

Florida.

Our marriage settlement agreement states that my ex wife claims the kids on taxes every year.
She remarried last year and specifically quit her only job. Currently she is unemployed.
Seeing as the msa states she claims the kids and does not state her husband at all, am I able to claim them on taxes now?

Nope. Apparently the children live with her for the majority of the year? Correct? Therefore her new husband and her will most likely file joint taxes and the children will be included.

 

[LdiJ]

Florida.

Our marriage settlement agreement states that my ex wife claims the kids on taxes every year.
She remarried last year and specifically quit her only job. Currently she is unemployed.
Seeing as the msa states she claims the kids and does not state her husband at all, am I able to claim them on taxes now?

I am a tax professional and OG is correct. She will be filing a joint tax return with her husband, which is just as much "her" tax return as his tax return. Therefore the children will be included on that joint tax return. Now, if the children happened to live primarily with you instead of her, then you would be able to take it back to court to try to get that modified. Or, if there was a particular financial reason (tied into her working) that she was given the tax exemptions on a permanent basis, rather than alternating them, then again, you could take it back to court to try to get that modified.

However, as long as the children primarily live with her, and the court orders are not changed, and she does not sign a form 8332 releasing the children's exemptions to you, then the current court order stands.

 

[deanna185]

The issue you have is that the court order states she claims them. There is an IRS guideline that states if you provide more than 50% of support you should be entitled to claim them. I would go back to court and get your order changed.

 

[TinkerBelleLuvr]

The issue you have is that the court order states she claims them. There is an IRS guideline that states if you provide more than 50% of support you should be entitled to claim them. I would go back to court and get your order changed.

The 50% is only part of the equation and that is insofar as a non-parent's right to claim them. In this case, mom is custodial and as custodial (with more overnights) has the RIGHT to claim them. In addition, she has court order that says she can claim them. In that she is married, then the exemption is still hers.

 

[LdiJ]

The issue you have is that the court order states she claims them. There is an IRS guideline that states if you provide more than 50% of support you should be entitled to claim them. I would go back to court and get your order changed.

To add to what Tink said...please don't give people that information because it is really not accurate. The real rule is that if the parents (combined between the two of them) do not provide more than 50% of the child's support, then whoever does would win the tiebreaker rule.

When the two parents combined DO provide more than 50% of the child's support, then the parent with whom the children primarily live (who has the most overnights with the child in a calendar year) is the parent entitled to claim the child.