I claimed both children on my taxes in MA because both children ended up living with me most of the time last year due to his (their father) living arrangements. We are supposed to have a 50/50 shared custody as per our divorce papers. He is saying I broke the law because in our divorce papers he is to claim one child OK, I presume you are saying that in addition to the decree saying it is 50/50 time/custody, it is also expressly giving him the claim, right?...
and I the other. Have I broken the law? No, not exactly. There are really two "laws" here, one being a court order, the other being the IRS rule. The IRS rule goes by who is actually having the custody, which sounds like you. It used to abide by the decree, but no longer.
Thank you so much Alexia. This is very helpful and thank you for clarifying/distinguishing the law and the Tax laws as well as the definition of child custody relating to time slept over at the house. I had suggested we go to court to clarify all the confusions but he refused. But I really didn't want to have done something I was not legally entitled to and this has settled my mind - I have done nothing wrong here:) Thank you so much and going forward I will file the form 8332 (I was not aware of this document) - again, very helpful to know.
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