i AM CLAIMING MY DAUGHTER ON MY TAXES , MY EX WIFE IS CLAIMING MY TWO BOYS. CAN SHE CHANGE THINGS AND CLAIM MY DAUGHTER EVEN IF IT'S WRITTEN IN THE DIVORCE DECREE SHE CAN'T ?
Asked on 2/22/11, 6:45 pm
2 Answers from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
No, the Marital Settlement Agreement or Final Judgment of Dissolution determines which party can claim which child. Each child can be claimed only once.
Answered on 2/22/11, 7:38 pm
Yes you can if you and your ex consent to this. You can sign a IRS form 8332, release of exemption for child of divorce and separated parent, so that she could claim your daughter. You have to do it on each and every year if you want to release the exemption, if there is no new court order.
Answered on 2/22/11, 8:02 pm
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