Claiming children on tax return?
My exwife and I share custody of our 2 daughters.
We live in California. We have 50/50 sole and phisical custody.
I move to Souhtern Cali and now I get my grils during vacations.
She gets them like 90 to 100 more days than she used too.
She thought she was going to get thousands of dollars by keeping them but end up been like 100 bucks more in child support. She just wants the money and I don’t mind giving it as ong as it goes toward my kids. Unfortunately she has another baby and husband and my girls want to move down ghere with me.
they’;re 9 and 10.
Anyhow, We agree in court that I will claims the 9 year old and she will claims the 10 year old. Now that we moved she want’s to claim both and she doesn’t want me to claim any at all.
Although we still have joint custody cause I still have my girls for some motnhs of the years.
Now what do I do about it, can she end up claiming boht, or should reman tha same.
Also I’m making 20000 less taht when I was in northern cali.
well since i moved 50/50 change cause i have them during vacations but joint custody still valid cause i still get to have the girls.
Now is she going to be able to change that order that states that we each get one girls for tax returns?
Do you think the court will allow her to get the other girl for tax return purpuses, eventhough I pay her child support and pay their insurance and benefits?
3 Responses
Tink
19 Feb 2010
Rob’s_Girl
19 Feb 2010
If you have the court order stating that you are supposed to claim one of them then she legally can’t claim her. She might try to so make sure when you have your taxes done you take a copy of the court order to your tax preparer. It will have to be sent to the IRS along with your tax return. And if she already filed hers and claimed the daughter you’re supposed claim then she’ll owe the IRS a lot of money if she already got her refund.
pepsco63
19 Feb 2010
well you cant let her get away with that. if you both have 50/50 custody you each should beable to claim one child. someone needs to straighten her out.
If it is already in the court order she can not go against it. She can petition the court to change the agreement, but it is not likely she will get it. I think it is very fair to each claim one child and it should be like that in any case where the father is consistantly paying support. Support payers don’t get a tax write off for what they pay in support and pay all the taxes on that "income" for the custodial parent. If she tries to change it legally I would fight it but otherwise she can’t just do it.