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Ex filed both kids on his tax return

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Our divorce papers state that our oldest child "shall be assigned to the father for fed and state income tax exemptions for the year 2001 and all future years". This order was made Jan 30, 2001. Does this order allow my ex to claim our oldest in his 2000 tax return? Because that is what he did and my tax return was rejected. I understand this order as it is effective for the tax return for 2001, not for the tax return that is due in 2001. Any advice would be great.

Orange County, California



Order for year 2001

The order applies to the year 2001 and future years, not to the year 2000. The parent who would be entitled to the exemptions for reasons other than that order would be the proper one to take the exemptions in the year 2000. Since you gave no facts pertaining to the year 2000, I can’t say who would be entitled to the exemption for that year.

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