Divorced, lawyers, and accountants. A question for you.

[Ezarc]

This is going to be my first year filing as divorced. My exwife and I have two wonderful children that she has custody of. I pay a large portion of my pay for child support and day care expenses.
Someone told me that because I pay child support that I can claim the kiddos as dependents even though they live with her. I know we both can't.
Question is, do I legally have a right to claim my children or even on as a dependent?
Thanks in advance for any answers I might recieve.
I will check back here after work.

 

[Rooster]

Yall can file seperatly .. but for you to claim them ... she has to sign an IRS form that she agrees.

For one time only ... since you were married for part of last year .. you can file jointly as you use to and split the bounty of a much deserved tax refund.

Both require alot of cooperation

BTW .. if you claim the kids .. she can't on her taxes

 

[Cheyenne]

Is it covered in your divorce papers? If it is joint custody, sometimes the deduction is rotated between the parents from year to year.

 

[Rooster]

Here's a link for ya

http://www.irs.gov/formspubs/page/0,,id=11588,00.html

 

[The Heretic]

In general the parent with the custody gets to claim the children as dependents. If you provide all of the support then you can, but it doesn't sound like that is the case. There are variations and exceptions, but that is the general rule as I remember it.

 

[Tranquility]

If they lived with you and you supported them over 6 months last yr then legally you can claim them even if its 181 days that still counts. Check it out though on that gov page listed but last time ex and I had it out it was the way.