Saginaw, MI asked in Family Law and Tax Law for Michigan

Q: If I have full custody of my kids, 365 days. Their dad never has them. Can I claim them both on my taxes?

In the beginning the judge ordered us to split the kids, he takes one and I take the other. But since I got full custody I have been claiming both of them. Is there a tax law that says who ever has them more gets to claim them?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: Yes there is: if you provide the majority of support over the year, you may claim them. That can be modified by court order (e.g. the judgment of divorce).

Best thing to do would be to file a motion with the court to address this. You could be right in the eyes of the IRS but in violation of a court order, if you don't.

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