Post Falls, ID asked in Family Law and Tax Law for Idaho

Q: Why does my ex husband get to claim our kids on his taxes? I have sole custody of them. He sees them 4x a month.

He does pay child support but this doesn't seem fair. The order was put in place by an attorney hired by Heath and welfare.

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2 Lawyer Answers

A: Because the order says that he can and he's current on support. If you wish to change that you need to file to modify the order. Depending on your state domestic laws it may effect the support amount or other items on the order.

Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: He has no more right than you do to claim your 4 kids! He’s just quicker to files his taxes then you are (and more selfish) but whenever someone asks me this question I always ask them to look at any direction the Divorce Decree gives? If it’s absent in the Decree (probably malpractice by the way) then what I’d suggest is to call him up and TRY and get him to agree on taking 2 and you take 2 kids OR he take all 4 kids on even years and you take all 4 kids on odd years. If your ex is too selfish then I advise you to think about filing a Petition to Modify the Decree because the cost of getting a lawyer for help vs the money you’re losing every year by NOT getting to take $20,000 (the value of 4 dependents) off your gross income before taxes will probably convince you to file the Petition because it won’t cost you $20,000 to file a stupid petition to modify! Good luck!

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