How can I claim my children on my tax return?

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How can I claim my children on my tax return?

I am a non-custodial parent of 2 boys, I am current with my child support order and very much in their lives. I have been making payments for 12 years and my ex wife will not let me claim either child on my tax return. She does not work but she is having her live in boyfriend claim them on his tax return. I don’t think its fair because I am working hard all year and the least she can do is let me claim at least one of them. Is there anything I can legally do?

Asked on January 28, 2013 under Family Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a family law attorney experienced in tax issues. If you are paying for more than 50% of your children's support, ordinarily under federal and state tax laws you are entitled to claim your children on your tax returns as deductions unless the child support order that your are paying upon states that you cannot.


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