Illinois  |  Tax Law

Legal Question

Asked on: 1/31/07, 10:37 pm

claiming children of joint custody on taxes

The divorce decree says that my wife claims the younger of the two children on her taxes and her ex-husband claims the older child on his taxes. This past year my wife and I moved to Illinois from Michigan. His lawyer was highly paid and convinced the court that it was not in the best interest for the children to move. My wife and her ex-husband made arrangements so that we could still move to Illinois. Nothing from the original divorce decree was changed. It is true that the children are spending more time with their father than with us this year. However, that role was reversed for the past five years. During the past five years one child was claimed by my wife and one was claimed by her ex-husband. He is now claiming however that according to the law, he gets to claim both of them on his taxes because he has them more than we do. This doesn't seem right to me, because if that were true than we should've claimed both of the children for the past five years. According to the divorce decree, each parent claims one child. I believe this is how it is still suppose to be. Am I correct? Do we go by what the divorce decree proclaims?

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