Legal Question in Family Law in Kentucky

If two people are divorced and have joint custody but the divorce papers dont mention who claims the children on taxes, who claims them?


Asked on 7/15/12, 10:19 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

Definitely should have put that in there. Commonly, you'll want to alternate. If there's one kid, trade off each year. Two kids, you each take one. Three, each take one and alternate the third. Etc. However another (much more complicated) way is to go to your accountant, figure out how it maximizes both your refunds and split the benefit. Just reach an agreement among yourselves how to do it, and I'd recommend putting it into an agreed order, otherwise, absent a court order, there's nothing really you can do if the other parent claims the kid in the year that's supposed to be yours.

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Answered on 7/16/12, 9:42 am


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