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Can my ex-husband claim my two children on his taxes if he…

Customer Question
Can my ex-husband claim...

Can my ex-husband claim my two children on his taxes if he only has them 60 days out of the year it is in our divorce decree

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No just want to know if he can claim them I know irs doesn't go by divorce decree after certain year

Lawyer's Assistant: Family law varies by state. What state are you in?

Montana

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can he bring bills into the divorce that was not in there when filed

Submitted: 5 months ago.Category: Family Law
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Answered in 12 minutes by:
3/30/2018
Family Lawyer: Sean K, Family Law Attorney replied 5 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,150
Experience: Family Law Attorney in Private Law Firm
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Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

The IRS doesn't go by the divorce decree rather who has the children 182 + 1 night each year. If he only has 60 then he should not claim them. Unless you have filed the appropriate form he should not claim them. As to bills, if there were not around when the filing occurred, then likely not.

I would let him know that you plan on claiming the children and that he needs to amend his return.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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