Claiming Children on Taxes - Divorces Parents

[Milehigh]

What is the name of your state? CA

My husband and his ex wife have verbally agreed to each claim one child each on thier taxes. She claims one and he claims the other. Well my husband just got his taxes rejected because someone else had claimed the one son he was claiming. His ex-wife says she claimed both kids and that he signed a form saying that it was o.k. My husband signed no such form nor did he tell her she could claim both kids.

She swears up and down that he did and so we have asked her to produce this form that she says was signed by my husband. So she got all the money with the tax return for claiming both kids and never said a word about it at all.

So what is the rule as to who can claim the kids when the parents are divorced? Does a form like this that she claims was signed even exist? Also, what can we do if we find out that there really was a form that was illegally signed?

Thanks,

 

[Snipes5]

With which parent do the children live? Is there a divorce decree that determines with whom the children will live and who will get the exemptions?

Answer those questions and I will give you further advice based on your responses.

Snipes

 

[Milehigh]

They live with both parents 50% of the time. There is nothing in writing that shows who gets to claim the exemption. It has always been that one parent claims one child and the other parents claims the second child.

 

[Snipes5]

Who has physical custody?

And the kids had to have spent 183 nights with one parent, and 182 with the other.

You can submit the return on paper with your supporting documentation, proving that you are entitled to the deduction, and let the IRS figure it out. Expect this to take a very long time.

Also, see an attorney and get those exemptions assigned legally before it's time to file for TY2005. You'll be sorry if you don't, the laws are changing, and a legal document is REQUIRED from now on.

Snipes