Legal Question in Family Law in Massachusetts

Taxes when divorced

Who claims the children on taxes when divorced. The non custodial parent or the custodial parent? And if the non custodial claims them do they need a form signed from IRS each tax time giving them permission and what happens if they did not get that form signed and does it anyhow?


Asked on 2/07/09, 6:56 pm

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Taxes when divorced

If your divorce agreement/judgment does not specify who gets to claim the tax deduction you should consider retaining an attorney to file a complaint or joint petition for modification to clarify that and any other issue that a change in circumstances might warrant. Good Luck!

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Answered on 2/08/09, 3:11 pm

Re: Taxes when divorced

your separaion agreement should list who gets the deduction and when. Usually it is alternate years.

Good Luck.

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Answered on 2/07/09, 7:11 pm


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