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Peter Griesch
Peter Griesch,
Category: Tax
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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Got physical custody of my two kids just after june1. Paid

Customer Question

Got physical custody of my two kids just after june1 . Paid child support up till that time. The agreement was she didnt have to pay child support. However i still would like to claim them on my taxes but she said she was going to.Can she legaly do thst?The divorce hearing is the 21st of this month
Submitted: 11 months ago.
Category: Tax
Expert:  Peter Griesch replied 11 months ago.

Typically, as part of the divorce settlement, it is agreed who will claim the children as dependents for tax purposes.

If it is not agreed upon, then whether you may claim the children defaults to the rules for claiming a child as a dependent in the tax code, i.e., providing majority of support, residing with you, etc.

If they'll be residing with you, and you'll be supporting them, you're the one entitled to claim the dependent deduction.

Customer: replied 11 months ago.
last year they resided with her over half the year
Expert:  Peter Griesch replied 11 months ago.

Typically, they have to reside with you for more than half the year in order to claim dependency. However, if you provided 100% of their support, and no one else will claim, you can claim them as dependents.

If she is going to claim, and you believe you're entitled because you provided 100% of their support, you can claim them, but, you may have to defend your entitlement on audit.

A safer bet would be to forgo the claim for 2015, and begin claiming them in 2016 when they reside with you.

Customer: replied 11 months ago.
Ok thank you Good job
Expert:  Peter Griesch replied 11 months ago.

You're welcome. Please remember to rate my response with the stars on top of the page. Thank you.

Expert:  Peter Griesch replied 10 months ago.

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Thank you.