Q: I was awarded in the divorce the right to claim my kids, I’m being claimed this year by my fiancé, can he claim them too
I was divorced 3 years ago, in the divorce decree is states that I’m primary custodian for the purposes of all State and Federal purposes so am the one to claim them each tax season. This past year I wasn’t working I was staying home with my youngest daughter so my fiancé’s claiming me on his taxes as his dependent, is he legally allowed to claim them too since they lived with us in his household for well over 50% of the year. My divorce decree doesn’t really clarify this all it says is that if I do not derive benefit from the designation that I shall execute deliver a waiver upon my ex husbands request. I will still derive benefit if my fiancé claims them so I just wanted to make sure that I wasn’t breaking the court order before we did it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.