I claimed both of mine, there was no agreement about taxes. One year my ex claimed one of the the boys because he had him for about 4 months of the year. The IRS contacted me and I had to show proof that I should claim him. I won because of I had proof of expenses, etc.. If it is written up in the divorce, I think that is the way it has to be.

I would think that if it's written into an order, then that is what should happen. If they had just verbally agreed, then it would make sense that the custodial parent should claim them. Is there a reason that she now wants to change it now? The IRS makes the rules for who can claim a child as a dependent. There is a form that can be used to allow the NCP to claim the child, but one year, my son's father and I both claimed him. The IRS first checked to see who had him more. That year, we both had 6 months. The next thing they checked was who had higher income. I did and they allowed me to claim him. Unless he has it in his court order, then there may be nothing he can do.

He does have it where in the court order that they each claim one child. He only sees his kids during summer vacation so I wondered what is the right thing? He pays $1,000 in CS/month & makes net $2600.00/month. He pays 70% of the cost the state says to care for the children while she pays 30% of the cost which is based on their incomes. She used to make $1200.00/month net. So he thinks he has a right to claim one as a depedent because he pays for them 70% financially while she pays 30%. I don't think she wants to go back & change everything because he has since had 3 children & she now makes more money. She also moved the kids out of state without his permission. I think she just wants him to agree that she claims them both.

If I'm not mistaken, the IRS changed it's rules about claiming the Federal deduction for a child about 2 years ago. It used to be that the parents decided between themselves, and that one of them got to claim the child. But now, I believe it's the parent who has the child the majority of the time who gets to claim the deduction - even if the decree says otherwise.

So if your a NCP who plans to claim the deduction, or a custodial parent who was not planning to claim it, you should probably check this out.

The IRS didn't asked us about income or who had him most of the time. They just wanted to know who spent the most on the child. I ran all over town collecting information from the board of education, etc.. When I sent it in the IRS contacted me again by phone and said I had to prove it for both boys. I told them, "you show me proof that his father claimed both boys as dependents and I will show proof of expenses". The said not to bother, they didn't need it for the other son.

From TurboTax:

Normally, who gets to claim a child as a dependent is a pretty straightforward decision. Either your divorce decree names the custodial parent, or if your divorce documents are silent on the issue, then it's a simply matter of time: You are considered the custodial parent if you child lived with you for a longer period during the year than with your ex. It's even possible for the noncustodial parent to claim the exemption if the custodial parent signs a waiver pledging that he or she won't claim it. (The noncustodial parent should attach the waiver, Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, to his or her tax return.)

Misti, I think she d have to go to court and get a modification order, to change anything..My DH has it in his order that he gets to claim the deduction..

(SM vision again) When NCP files NCP must bring the court order with NCP to "show proof". Form 8332 would be helpful but chances of getting an ex to sign over rights to claim exemption for a child (good luck).

In general CP can always claim children unless court order says otherwise. As long as NCP has a court order that NCP can claim child/ren there is nothing CP can do about it. If CP claims child that they are not supposed to they have their returns amended.

Pay to have them done... worth it in the end. This way hubby is covering his bases with the court order and having them professionally done.

If it is in the court order, then your husband has every right to claim one of the kids.

If the custodial mother wishes to change the court order, she has to file for modification. Since the order was made in Florida, your husband is in WA and mom is in texas, if she wishes to modify the order, she will have to file in washington to change it ( UIFSA rules) . She will have to go to the inconvenience of playing the away game and filing in your state. Unless its really important to her, or unless you are willing to accept texas in writing to modify, then she probably wont file, she is just trying to pressure your husband into doing so.

However, texas has lower child support amounts than washington, and texas is based soley on the paying parents income. Washington state is also one of the few states that also takes into account, a new spouses income.

It may be worth it for you to agree to modify in texas. I would get a consult with a lawyer if she insists on persuing it.

does anyone know if fl is one of those states that takes the new spouses income into consideration?

Kathline,

better expect a message from ima that you are practicing law without a license --

yep, it's true. If OP relies on the advice being given and makes an modification in Texas and it could have an adverse result. But she does suggest consulting a lawyer.

kkny, get over it. You wanted to point out to Jonesy that she was giving 'legal advice' and it was only her opinion. I said your comment back to her 'sounded' more like legal advice than her comment. I don't think I said you were practicing law without a license, you came to that conclusion yourself. I said it was dangerous to make statements that appear to be legal advice.

If someone were to go to a forum (and there are some that are specific to lawyers) and rely on advice they think is sound, it could have negative results. Some people may do that if they can't afford an attorney, so they rely on what others say they know. It's never a good idea to take advice from a forum and only rely on that. and it's not a good idea to state facts regarding laws because it is tricky. Two lawyers from the same state may argue over interpretations of laws that they have studied. That's what they do. We are not lawyers and not knowledgeable enough in the laws of other states to make a statement of facts regarding what the laws are in other states. Besides, laws are changing all the time and one statute may apply but there may be case law to contradict or overrule it. Citing a statute or posting a link to a relevant statute or case law is leaving it up to the interpretation of the reader.

Actually, from taking tax classes and preparing returns several years ago in college, there are different criteria for claiming a child as a dependent and claiming a deduction for that child. The first year after DGS came to live with us, his other grandma claimed him on her taxes since he lived with her until the previous October. The next year she tried to, but we said no way. We provided most of his financial support AND he lived with us most of the year. She had to file an amended return without claiming him. We have claimed him as both a dependent AND a deduction every year after.