Legal Question in Family Law in New Jersey

Can She Claim Them As Dependents?

My wife and I have been separated for nearly 2 years. I was awarded sole custody of my two sons, ages 8 and 18, both are full time students living with me. She pays me child support for both of them and has visitation rights with one. The older chooses not to acknowledge her. I just received a note from her stating that she plans to claim them on her Federal and State Income Tax returns for 2004. I claimed them both last year (for 2003) but now I know she is hurting for money and looking for any way to get it. Can she legally claim the boys on her returns or does my having sole custody and their living with me full time legally prevent her from doing this? I know last year's returns showed that she paid child support but she did not claim them as dependents. Help!


Asked on 1/07/05, 7:29 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Can She Claim Them As Dependents?

The right to use the tax exemption is negotiable; however, it appears that under your circumstance, the IRS would give you the right to have both exemptions absent agreement to the contrary or Court Order. And, unless you sign a document allowing her the use of the exemption(s), she is not permitted to use them. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 1/09/05, 9:23 am


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