Clog asked:


I have two children. The medical insurance is included in the child support calculations that I pay each month. I’ve never missed a child support payment and I also pay for any medical bills sent to me from my ex. She has claimed the children and states that her lawyer will pursue action if I try to claim one of the children. Is this something that I have to worry about. I don’t have the cash/savings/credit to pay a lawyer for advice or representation since I lost everything fighting to keep my custody of my children. I have a total of 140 days per year with the children.
**nothing was stated in the custody order or divorce papers regarding payment of taxes…we still have a temporary custody order

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3 Responses to “Taxes: Divorce father with legal custody - Claiming 1 of 2 children?”

1. misskelleygirl on September 8th, 2010 3:55 am

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   If she’s claiming them, then you cannot.

   Was it not decided upon in your divorce decree? If not, then you will need a lawyer to fight for it, and get it changed.

   My Ex and I trade-off every year…

2. Melissa on September 10th, 2010 12:05 pm

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   The only way you can answer this is by consulting your divorce decree. I can’t think of a state that would not require that very important detail to be included. If you do have the right to claim one or both of the kids on your taxes, as spelled out in the decree, then you can do it. If the IRS spits out your return, you have your decree to submit as proof that you are in the right.

3. vampyre4blood on September 11th, 2010 4:04 am

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   what was agreed upon in your divorce ? if it states that you get to claim one for taxes then you have the right to. if not then the only way to do so would be to take her back to court. or if you have them for at least 6 months out of the you then you can claim them