If my ex, who I am married to but seperated from, has never worked can she claim the children on her taxes?

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If my ex, who I am married to but seperated from, has never worked can she claim the children on her taxes?

If not, can her boyfirend who is the non-biological father claim my children?

Asked on October 22, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The boyfriend of your "ex" cannot claim your children on his taxes as a deduction for the simply fact that he is not the father and there is no court order allowing him custody of the children from what you have written.

As to the "ex" claiming the children on her tax returns, such depends upon whether or not there is a court order allowing such or not and who is paying child support for them. I suggest that you consult with a family law attorney further on your matter.


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