I was divorced over 10 years ago. In our divorce papers my ex can claim 2 of our 3 children if he is current with child support. Child support also meaning, being current on paying 1/2 of all medical, dental and vision bills. In the 10 years of being divorced, he has never paid not one red cent to any of the medical bills or for insurance for them.

I decided this year, I am claiming all 3 of the kids because it cost me plenty yearly in medical bills and insurance alone for them. Does anyone know what I need to do to do this and not get in trouble with the IRS? My divorce papers state all of this. I know I have the right to do it.

Thanks for your help!

Fr_Chuck

Nothing to do, if the IRS would question it, you can merely supply them copeis of the divorce paper work. I would notify my ex that you did it, so he would not file claiming them.

Also you should go back to court first to get that changed, a tax deduction for merely paying child support is not that normal in divorce settlemetns any longer if he does not have joint custody.
also you should sue in court for all of the medical bills and get a dollar value set in court as late payments, they can arrange a garnishment of his pay for this amount of back due.

AtlantaTaxExpert

Agree that you should sue.

You may also want to amend your 2004 thru 2006 tax returns to claim the children. I assume you did NOT sign Form 8832 in those years to give the exemptions to your children.

Attaching a copy of the pertinent page of the divorce agreement with the amended return (Form 1040X) will provide the required justification and get you a refund in the $1,500 range (assuming you are in the 25% marginal tax bracket) or maybe even a higher Earned Income Credit. It is definitely worth the effort.

If you wish to pursue this and need professional help, email me. I have done successfully this several times over the years.

MukatA

The divorce paper for the child claim does not meets the IRS requirements so, I think that only the custodial parent can claim the child even if the non custodial parent pays the child support. This is true for this year and all the previous years.

Here is from the IRS Publication 17: Your Individual Income Tax; Chapter 3: Qualifying Child.
"Divorce decree or separation agreement made after 1984.
If the divorce decree or separation agreement went into effect after 1984, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or agreement must state all three of the following.
1. The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
2. The custodial parent will not claim the child as a dependent for the year.
3. The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent."

Divorce paper does not meet IRS requirement (1).

AtlantaTaxExpert

That is true is the NON-custodial parent is claiming the child(ren).

Donna is the CUSTODIAL parent who is contesting her ex-spouse's claiming 2 of their 3 children on his tax return.

The use of the divorce decree is attached to support HER claim, not his.