Question:
My ex-wife and I have been divorced for a number of years. She has since been remarried and has two children in addition to the two we had together. We have both joint legal and physical custody. Our arrangement has the children with me 3 nights of the week and with her the other 4 days. What we have done in the past is split our dependent claims where I would normally claim the son and she would claim the daughter. I would also not claim a deduction for my child support payments.

She purchased a house this year, and she is telling me that there was a law change that states she needs to claim both because she has them listed on her home owners policy. To me, it sounds like she is trying to pull one over on me. It is not worthe it to me to fight her on it for the little I would probably save , but it doesn't seem right that this took place. I will let her take it either way to prevent a "fight" over this issue? anybody know of this "tax change"

Answer:
Her homeowners policy has nothing to do with her taxes PERIOD. Your divorce decree should say who claims who. If not, file a minute sheet requesting the judge to order this. If you live in the United States, you DO NOT get a deduction for child support…ever. Only on alimony. Another way around this problem is to discuss with her signing a form 8332. This releases the childrens dependency expemptions to you and the child tax credti, while she would retain Head of Household(if she's not married), EIC, and dependant care expenses. If you want to claim everything for the child(ren), you decree should say what to do, if not, file that minute sheet requesting the judge decide. She is pulling a fast one on you by saying she "has" to because of her homeowners policy. Call any tax prep place, they will tell you.

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