Legal Question in Family Law in Virginia
Child tax exemption
My ex-wife has been claiming my two children on her taxes for the past 8 years. Nothing was mention in our divorce settlement as to who would claim the children. I pay 77% of the monthly child support. Would I be able to summons her to court to have a judge decide if I can claim them on my tax return for the duration of child support payments, or is it too late bring up this argument?
1 Answer from Attorneys
Re: Child tax exemption
Unless your children physically reside with you at least six months and one day of the taxable year, you would not be able to claim them for the dependent deduction on your tax returns, irrespective of your claim to be paying 77% of their support. This is an IRS tax rule and not an issue that would be within the power of the court to address.
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