Asked in Tax Law

Q: Can husband claim my kids although we were separated the whole year? They are my children and I have full custody.

He is step father. He claimed my kids and plans on keeping it all.

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3 Lawyer Answers

A: The only issue the IRS cares about is which parent provided more than 50% of the total support for the children.

David Ostrove agrees with this answer

Linda Simmons Campbell
Linda Simmons Campbell
Answered
  • Tax Law Lawyer
  • Burlington, CT

A: If you believe that you provided more support for your children then you should submit a paper return claiming your children along with a letter explaining why you should be able to claim them as dependents. The IRS will investigate and likely ask you for certain documents to prove that you are entitled to claim them.

David Ostrove agrees with this answer

David Ostrove
PREMIUM
David Ostrove
Answered
  • Tax Law Lawyer
  • Los Angeles, CA

A: Does stepfather supply more than half of their support?

Is there in existence a written agreement as to who claims the deduction?

Has a court made an order re who may claim the deduction?

The lawyer needs more facts to answer.

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