[BugMacGee]

So ex calls from the tax preparer and asks which of our two kids do I want to claim.

What???

I'm very confused about the rules regarding this. Does anyone know?

I still have to do my taxes

so I'm not sure about all this.

 

[Jenne]

I'm not a CPA nor do I play one on TV...but I have a tiny bit of experience with claiming children as dependents for tax purposes...

only 1 person can claim a child...it doesn't matter who has custody of the child...if 2 different tax returns claim a child it could trigger an audit.

I experienced this when my nephew lived with us and the parents paid no support. They also insisted that they get to claim him for tax purposes.

HTH...

It sounds like your x is trying to split the benefit with you ie each of you claim 1 of 2 child.

Jenne

 

[2xy]

If the number of children is an even one, then the parents CAN split them evenly on taxes.

That doesn't mean you have to.

It's clearly written in my divorce agreement that I will be claiming both kids on my taxes. I never would have thought to bring that up. My lawyer thought of it for me.

 

[MelMel]

we were married last year, so will file jointly....but next we will each claim one of our 2 children. we will just each pick one and claim that one from now on. I am choosing the youngest

so I have 3 extra years to claim a child. haha.

my sister had 1 child with her first husband, and they took turns each year claiming her.

 

[Goodmom2008]

How is the exemption addressed in the court order? If it isn't addressed, then if you are the custodial parent (yes, it matters who has primary residential custody) and have the kids for over 50% of the year (the IRS goes by overnights), then you get both exemptions. And if you both file claiming the kids, the one who isn't supposed to claim the kids is the one who will have to refile.

 

[MariesMama]

What Goodmom said. Also, if you think that your ex is going to try to be sneaky and claim children when or if he isn't supposed to, file first.

 

[Sagesgirl]

Quote:

Originally Posted by Goodmom2008 How is the exemption addressed in the court order? If it isn't addressed, then if you are the custodial parent (yes, it matters who has primary residential custody) and have the kids for over 50% of the year (the IRS goes by overnights), then you get both exemptions. And if you both file claiming the kids, the one who isn't supposed to claim the kids is the one who will have to refile.

Yep. The IRS regulations on this are quite clear. Without a court order stating otherwise, the parent with whom they live 50% + 1 day of the year gets to claim them. I advise you to put him off and file your taxes ASAP if you think he will try to go behind your back & claim them without permission. However, if you've got a court order stating he gets to claim one but not specifying which one, let him claim the older one.