Legal Question in Civil Litigation in North Carolina

My court order says my ex can claim the 3 kids as dependents even though they live with me. He told me I could claim them when we separated in 2006. I have done so every year & never signed anything to the contrary. He is now being audited because he's been claiming them too.

Since I have set a precedent, can the court order be changed to allow me the legal right to claim the deductions? Is possession 9/10ths law?


Asked on 7/24/12, 7:30 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

Poessesion is not 9/10's of the law in this case. The IRS has very specific rules as to who can claim the kids. Whenever you have separate/divorced couples the IRS will look for either a divorce agreement/court order or a form 8880 which the spouses can sign to designate to determine who claims the kids.

There is a small likeihood that the IRS could find that he gets the kids and you don't. You need to get all your records in order and be prepared for them to question you next.

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Answered on 12/07/12, 2:42 am


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