If my ex-wife claims both of our children on her taxes, how can I claim one of the kids?

Asked 1/23/2012 under Divorce, Marriage, Alimony | 199 View(s) | More Legal Topics

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Heidi Holliday / Holliday Law Firm Answered 3 months ago | Contributor This attorney is licensed in California

You have to have the child you want to claim on your taxes at least 50% of the time to claim them on your taxes. I am assuming both children live with your ex wife and you have visitation or shared custody. Per California Family Code, if the child spend at least 50% of the time over the year with you, you may claim them on your taxes.

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