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My husband and I have been seperated for over a year, we have

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2 children ages 10 &...
My husband and I have been seperated for over a year, we have 2 children ages 10 & 12... My question is can I stop him from claiming them on his taxes? They have lived with me the entire time. Can my fe'ance claim them ? He has lived with us for the past 7 months.
Submitted: 8 years ago.Category: Tax
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Answered in 1 minute by:
1/4/2009
Tax Professional: Merlo, Accountant replied 8 years ago
Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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HelloCustomer

Do you and your husband have a legal separation agreement which states that he may claim the children?

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Customer reply replied 8 years ago
No we have not got any kind of papers. I hope to file my divorce the 16 of this month
Tax Professional: Merlo, Accountant replied 8 years ago
<p>Hello againCustomer</p><p> </p><p>If you have no legal agreement which states otherwise, then the IRS takes the position that the custodial parent is the one who has the right to claim the children. That is, the parent with whom the child lives most of the time. So at this point, you would be the one who has the right to claim the children.</p><p> </p><p>Your fiance would need to meet several rules before he could claim the children. Since he is not the father, and since the children are not related to him in any way, then one of the rules would be that the children lived with him for the entire tax year. Since you indicated that you have only lived with him for 7 months, he would not qualify this year to claim the children.</p><p> </p><p>You do, however, have the right to claim the children on your return, and may even be eligible for some extra credits if you had any earned income at all on your own.</p><p> </p><p>If you did have some earned income, let me know the amount and I will give you an estimate of any credit you might be due.</p><p> </p><p>If this was helpful please press the Accept button. Positive feedback is also appreciated.</p><p> </p><p>Thank you.</p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p>
Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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