Central Islip, NY asked in Divorce for New York

Q: Can my deceased exes new wife clean my child on her taxes?

My ex passed away in 4/2015. As per the divorce decree he could claim my middle child on his taxes. When I went to file my taxes I found out his new wife had claimed my daughter on his behalf. She had filed jointly/married for him. My ex did not support my children after he was deceased - Child Support, Medical and dental insurance or stopped the day he died I guess it was done by his new wife. According to the IRS the person who supports the child more than 50% of the year can claim them. My exes new wife never saw the children she has nothing to do with them and does not support them - that came out of my exes paycheck. So does the IRS rule supersede the divorce decree? according to the IRS the person who supports the child more than 50% of the year can claim them. My exes new wife has nothing to do with my kids. But she’s The one getting the monetary benefit even though my ex supported them 4 months and I supported them 8 months of 2015. Can she use the divorce decree?

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: Unfortunately, she can claim them for the year that your ex was still alive pre your divorce decree. However, going forward, she cannot claim the children on her taxes.

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