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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Divorce final in 2008. Joint custody of 2 children, age 16

Resolved Question:

Divorce final in 2008. Joint custody of 2 children, age 16 and 11 at the time. Also have 2 older children, 18 and 20(disabled) at the time.

Filed as Single in 2008. Pay alimony and child support to ex-spouse. Ex-spouse does not work and has no income other than alimony and child support. On 2008 tax return, I claimed 4 dependents - settlement agreement states I can claim all dependents.

Now, letter from IRS states that two older children were claimed on another return for 2008.

Since my settlement agreement states I can claim all dependents, am I correct in claiming them? I also assume that I pay all the support because I pay her alimony. Please advise.
Submitted: 7 years ago.
Category: Family Law
Expert:  Lady Themis replied 7 years ago.

Thank you for your question.


Yes, you would be correct in claiming them. You can argue your case to the IRS by providing a copy of the divorce decree. You can also take your ex to court for contempt of the court order and ask for an order that she no longer attempts to claim the children.

Customer: replied 7 years ago.
Just a clarification for my purposes - is alimony considered her income in this circumstance? Can she argue that SHE is paying all of their support even though I pay her alimony?
Expert:  Lady Themis replied 7 years ago.

The IRS really looks to who has custody of the children. However, the divorce decree rules, and the exemptions as stated in the divorce decree apply.



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