Legal Question in Tax Law in New Jersey

My ex-wife and I have two children together. We have joint custody and the children live with her for over 6 months out of the year. I pay child support and she is currently not working. She has a live in boyfriend and has informed me that he has claimed our children on his taxes. I have asked the question at H&R block if he can legally do this and they said the only ways he can is if they are married, or her boyfriend is a legal guardian. Although I have looked online and see where it may be possible that he can do this. We do not have an agreement say which one of us can claim the children, however I feel it isn't right that he can claim my children over me. Can he claim them over me?


Asked on 1/31/12, 4:33 am

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

The technical rule, where there is no written agreement, is that the parent (not a live-in) who provides over 1/2 of the support has the right to claim the children. Certainly, a live-in who has no legal relationship is not covered by this. You might consider having your or another matrimonial attorney look into this. For instance, you might be able to have your settlement agreement changed to cover this issue, have the Court work out a deduction schedule (like odd/even years), or even have your support cut since the live-in is claiming them, probably illegally, but has deprived you of a possible tax benefit. However, housing, food costs, etc. goes to support, so this might not be so clear cut. This is a response to an Internet question and only responds to the facts presented. Different or additional facts might change the response. The reply is not intended to be leagl advice or as creating an attorney-client relationship.

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Answered on 1/31/12, 2:16 pm


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