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sweetgirl2012 · Jan 13, 2013, 02:33 PM

I got married in July 2012 and put in divorce papers on November 9 2012 we didn't have any kids together. Though we each had a child coming into the marriage. Now that we have split he wants to claim my biological daughter on his tax returns. Is that legal and can we claim our own kids on our tax returns. I made 30,000 this year and provided the house over her head the whole year. He moved into my house I paid all the bills on the house and bought the food for the house. So can we claim our own kids on our separate tax returns?

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JudyKayTee · Jan 13, 2013, 02:50 PM

There are guidelines as to who can claim children. In this instance, at least in NY, you would claim yours and he would claim his.

Let him claim them both. You claim yours. IRS will sort out the returns.

I believe he will lose the battle.

AtlantaTaxExpert · Jan 13, 2013, 03:45 PM

The key is WHO provided the most support for each child.

If your ex can proof HE provided the most support, then he will prevail.

If he cannot, then you, as the custodial parent, will prevail.

ScottGem · Jan 13, 2013, 06:34 PM

This is often directed in the divorce settlement

sweetgirl2012 · Jan 13, 2013, 07:18 PM

Hi I was not divorced yet by the end of the year. My x husband brought a son to the marriage and I had a daughter. We were together for three and a half months before we filed for a divorce. Can I claim head of household if I pd the bills on the house and I just claim my daughter, and let him claim his son?

sweetgirl2012 · Jan 13, 2013, 07:31 PM

Thanks for the insight. I also pd for the house and taxes on the house and the house is under my name. I provided food for the family out of my check. Can I claim head of household and also claim my daughter? And he just claim his son?

dontknownuthin · Jan 13, 2013, 07:45 PM

Did he ever adopt your child? If he didn't and you have supported her all this time, I can't imagine how he would prevail in claiming her. Tell him "no" and let him address it in court if he so desires. If he wants to claim her as a dependent, you can raise the question of whether he will then be providing child support for her. We can only claim as a dependent an individual who actually financially depends upon us!

AtlantaTaxExpert · Jan 13, 2013, 07:55 PM

If the divorce is not final, then you are still married and MAY benefit by filing jointly. Talk it over with him and, if he agrees, you can find a tax professional who can medel the return filing jointly and separately to determine which results in the largest refuynd.

Head of Household is NOT an option if you are still legally married.