If I had my children 6 months last year but signed a note stating that I wouldn't claim them on my taxes, can I still claim them?

Question Details:

I signed a note, not a legal document, stating I wouldn't claim my children on my taxes even tho I had them 6 months last year. I only agreed to sign this as my ex-husband wasn't going to let me bring my kids home if I didn't. So if I claim them on my taxes anyway?

Asked 1/27/2010 under Business | 172 View(s) | More Legal Topics

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Timothy McCormick / Libris Solutions Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

No. First, you must have had the children more than half the year.  Second, your agreement to allocate the deduction to your ex husband increased his child support obligation.  You cannot then take the deduction yourself.

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