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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29799
Experience:  Taxes, Immigration, Labor Relations
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My name isDawn I am divorced w/ 6 kids. I have residency w/

Customer Question

My name isDawn
I am divorced w/ 6 kids. I have residency w/ joint custody.
I am a stay at home mom. I do not work.
In my divorce papers it states my kids dad gets to claim all 6 kids unless I myself make more than 25,000 dollars. We both signed that agreement .
I am now married. My new husband and I file joint return. We made over the 25,000 dollars per my divorce. I am still a stay at home mom.
My new husbands income is not considered in to the amount of child support the kids dad has to pay.
I would like to claim atleast 3 of the kids.
All of the kids live with my new husband and myself all the time w/ only one visiting about two-three over nights a week. The other 5 dont see him at all due to issues my x has created.
I would like to know if I can claim the kids even though I personaly did not make the 25,000. Again I filed joint return w/ my new husband.
My x has already filed and claimed all 6 kids as our papers got kicked back to us. The difference was 8,000 dollars. I spoke to an attorney not familar w/ tax law and they said
the judge would get to decide . Is this the case or is there a IRS law regarding this matter ?
Thank you
Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.
Hi and welcome to Just Answer!

The IRS will award dependency exemption to the custodial parent.

Under the IRS rules the custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent.

The custodial parent may release the claim to the noncustodial parent by signing the form 8332 - - should be filed with the noncustodial parent's tax return. The non-custodial parent should obtain that form signed by the custodian parent for specified years.

However, the noncustodial parent cannot claim the child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. Only the custodial parent (or other eligible taxpayer) can claim the child as a qualifying child for these four tax benefits.
If a child is treated as the qualifying child of the noncustodial parent under the special rule for divorced or separated parents, only the noncustodial parent can claim an exemption and the child tax credit for the child.

Please refer to the IRS publication 504 -

Please let me know if you still need any help or clarification.