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

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

Asked on January 23, 2012 under Family Law, New York

Answers:

Heidi Holliday / The McDowell Law Firm

Answered 9 years ago | Contributor

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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