Legal Question in Family Law in Minnesota
My exwife filed her taxes and claimed both of our children. I put all of my paychecks toward keeping up the home they were living in up until October 2010. We do 50 50 and because I did not have enough room in the house I lived in only one of the boys lived with me 50 50. Should she be able to claim both on her taxes? She never even asked me she just did it on her.
1 Answer from Attorneys
The answer may depend on your court order. A divorce decree can provide requirements as to who may claim the children and how. In the absence of a court order, IRS regulations allow the person who has provided more than half of the physical care during the year to claim the children. If you share them equally, but do not have a court order, you would be hard pressed to change the present result.
For Minnesota family law matters call 612.240.8005 or visit divorceprofessionals.com
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