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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: 23 days ago.Category: Family Law
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Answered in 12 minutes by:
3/30/2018
Family Lawyer: Sean K, Family Law Attorney replied 23 days ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
Experience: Family Law Attorney in Private Law Firm
Verified

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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Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
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Experience: Family Law Attorney in Private Law Firm

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