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kcox79, Accountant
Category: Tax
Satisfied Customers: 9
Experience:  CA Tax Law, Federal Tax Law Specialist.
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My husband and ex-wife were divorced in Nebraska a several

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My husband and ex-wife were divorced in Nebraska a several years ago. The divorce decree states that each parent can claim one of the 2 children on taxes. A few years ago we all moved to Colorado and went through a change of jurisdiction. We went to court to determine amount of parenting time, etc. This new child order does not reference claiming for taxes at all. My question is did the new Colorado document "replace" this statement of the Nebraska decree or does that part of the divorce decree remain. The concern is that by tiebreaker rules..we have more parenting time and higher AGI so according the federal tiebreaker guidelines we should be eligibile to claim both children. Do we have to adhere to the original document or modification agreement?
The IRS does not take in account any divorce decree and because of that they state that the person whom provides more then 50% of support and has the children the most (more then 50% of the time) can claim the children. Income is not taken in account.
So again, if you have the kids more then 50% and provide more then half of support you can claim the children.
I hope this answers your question. Please let me know if you have any further questions.
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