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    jenford11's Avatar
    jenford11 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 20, 2011, 04:56 PM
    Divorce and claiming my son as a dependent
    My ex and I have joint custody of our two children. The divorce decree sates that he claims one, and I claim the other. My question is, both children have been living with me for the past two years, with no help from the father. Do I have a right to claim both of them, even though the divorce decree sates otherwise?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 20, 2011, 04:58 PM

    Save yourself the aggravation and time - either get your "ex's" written consent so you both don't claim the same child OR go back to Court and request a modification.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 20, 2011, 07:49 PM
    If the court does not accommodate you, you MUST abide by the divorce decree, which is a LEGALLY-binding document.
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