Legal Question in Family Law in Alabama

From the time my ex-wife and I seperated until August of 2009, my two children lived with me. Every year my ex and I split them on the tax return. This year she claimed both without telling me. Our divorce decree says nothing about taxes, we have only history to go by. I've recently been told that I had the right to claim both children for all four years, since they lived with me. Can I go back and file an ammended tax return for those four years to claim the child that she claimed for myself?


Asked on 2/05/10, 7:18 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

For this year and going forward you have the right to claim both children given that they reside with you; however, you cannot go back and file amended returns where you both agreed to split claiming the children for tax purposes.

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Answered on 2/15/10, 6:05 am


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