Q: On the divorce decree it states my ex can claim our daughter until no longer eligible. (Very loose language) however,
I claimed her because she's 18 and lives with me full time since June and half time before then. That's 91/2 months of the year. I interpreted that as she is no longer eligible for her to claim on taxes, but she's eligible for me to claim. Am I wrong, she is threatening to go to court.
A: It really depends on the wording of your decree. The IRS has its own rules about which parent can claim the children on their taxes and they often don't care what a decree says. However, and this is very important, a divorce decree is an enforceable court order and disobeying it can put you in contempt of court. That can mean monetary sanctions and, in some cases, jail time. The best thing you can do is talk to an attorney in your area and at least get some advice on what to do. They may be able to help you modify the decree, so you can claim your daughter in the future. But get a licensed attorney to review the language and advise you before you do anything else.
Charles Watts agrees with this answer
A: I agree this is very loose language. You need to contact an attorney in your area. Usually that wording would indicate someone other than the child is claiming them, in other words so long as your child does not do their own taxes then they would be eligible to be claimed on someone else’s.
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