Can I claim both children as dependents regardless of what my dicorce decree says?

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Can I claim both children as dependents regardless of what my dicorce decree says?

I got a divorce last year and the decree it says that my ex can claim one of the children as a dependent. However I have full physical custody of the children and they only go to my ex every other weekend at most. I read that I am able to claim both children because they both lived with me most of the year. Is this true?

Asked on January 30, 2012 under Family Law, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Accounting issues and legal issues are not necessarily the same.  The IRS has a strigent set of guidelines dealing with this matter and so for that poriton of this question I would consult with your acountant. But, from a legal standpoint, I would not do anything to violate the agreement. Instead get the accounting facts together and move to modify. Good luck.


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