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    karina0206's Avatar
    karina0206 Posts: 1, Reputation: 1
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    #1

    Jan 8, 2009, 12:19 PM
    Claiming children on taxes
    I have 3 daughters that I pay $800 a month for not to mention 1/2 of school clothes, prescriptions, activities, doctors appointments. I also insure my children. I have them 50% of the time plus whenever my ex asks me to watch them. We have joint custody with no primary parent. We decided that every other year we would get to claim 2 kids and the other would claim 1. The past 2 years now she's claimed 2 kids and she's trying to do it again this year. Who gets to claim the children?
    Starbucks21's Avatar
    Starbucks21 Posts: 282, Reputation: 23
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    #2

    Jan 8, 2009, 12:56 PM

    I'm not sure but I believe you could claim all 3 but I'm really not sure about that... maybe one of the "tax experts" could answer

    It be like married filling separately without the married
    sandsmom's Avatar
    sandsmom Posts: 3, Reputation: 1
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    #3

    Jan 9, 2009, 07:36 AM
    :confused:I was always understanding that the parent that has physical custody of the child is up to receive the income tax.. only if the custodial parent agrees on paper can the other claim the kiddos...
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Jan 9, 2009, 11:32 AM

    Who ever had custody for more time, can claim the child. It does not matter you provided child support.
    Who can claim the child if the parents are divorced, separated or unmarried, read: Your U.S. Tax Return: Child of separated or divorced parents
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #5

    Jan 12, 2009, 01:24 PM
    Custody rules when it comes to claiming the children's exemptions.

    Now, in your case, you probably could argue that you should get the exemptions, but it would be a long and hard fight arguing this point to an IRS representative.

    I recommend that you get together with your ex-spouse and work out an agreement you both can live with.

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