Legal Question in Family Law in South Carolina

Claim Dependents

Me and my ex-wife have two children. Since our divorce she has claimed one child and I claim the other at tax time. This year she claimed both of them. My question is can she legally claim both of them if I'm paying child support for both of them. We have joint custody and the children both reside in Charleston, SC with her the majority of the year.


Asked on 1/12/07, 7:12 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Claim Dependents

You did not mention what, if anything, your Divorce Decree says with regard to which of you gets to claim the children. If it does specify, then that will most likely control the issue.

There are two articles on my family law blog on this subject, and you can read them at:

http://www.scfamilylaw.com/financial-issues-who-can-claim-the-children-on-hisher-tax-return.html

and

http://www.scfamilylaw.com/children-dependency-deduction-guidelines-for-noncustodial-parents.html

Hopefully, that has answered your question. If you need additional information, you are welcome to visit our website (www.stevensfirm.com) or our blog (www.scfamilylaw.com). Good luck.

Ben Stevens

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Answered on 1/12/07, 8:18 am


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