Legal Question in Tax Law in New Jersey

Claiming your children as dependents when seperated from your spouse

I live in NJ. Me and wife are seperated for last two years. She lives in NY city and does not work and is claimed as a dependent by her father. I am paying child support for my two kids as ordered by NY child support court. She is not willing to sign any agreement regarding who should claim the kids as dependents. Can I file a petition in NJ asking the court to give me the right to claim my kids on my return? If not then what can I do to save taxes?


Asked on 6/17/04, 3:29 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Claiming your children as dependents when seperated from your spouse

Was there a property settlement agreement? Did your divorce decree say anything? If both are silent, the IRS rule for claiming dependents between divorced people is who pays more than 1/2 of the children's support. If you pay more than 1/2 of their support, you can claim them. If your "x" is being claimed as a dependent by her father, is he also claiming the children? How much does he contribute to their support, if anything? Who do they live with, or is living split between you? More facts are needed to properly respond. On the basic facts you may be able to claim them without a court order.

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Answered on 6/17/04, 3:45 pm


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