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Got physical custody of my two kids just after june1. Paid

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Got physical custody of my...
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: 1 year ago.Category: Tax
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Answered in 1 hour by:
1/6/2016
Tax Professional: Peter Griesch,
 replied 1 year ago
Peter Griesch
Category: Tax
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
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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.

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Customer reply replied 1 year ago
last year they resided with her over half the year
Tax Professional: Peter Griesch,
 replied 1 year 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.

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Customer reply replied 1 year ago
Ok thank you Good job
Tax Professional: Peter Griesch,
 replied 1 year ago

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

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Tax Professional: Peter Griesch,
 replied 1 year ago

If you have any follow-up questions, please let me know. If not, please remember to rate my response. I only receive credit from Just Answer if my response is positively (three stars of more) rated.

Thank you.

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