Q: 1. My ex wife has full, sole and legal custody of our daughters. 2. They live in New York and I live in CA. 3. I am an active part of their lives to include visitation, gifts, costs etc. 4. I pay 25% of my income towards their support. 5. I pay over $2,500 in travel fees every year to have them come stay with me for the summer. 6. I had asked her to let me file them since I spend over $13,000 each year in their support and she stated to me that he did it without her consent on 02/01/2014.
She also informed me that she allowed him to file for her and our daughters in 2012 using the tax form for release or consent to file. I am not sure exactly the name of the form. She states that his tax attorney had it on file from last year and allowed him to file them again this year. If push comes to shove, I believe that she will state to the IRS that is was filed with her consent in order to maintain her relationship. Can I fight this?
A: David's Answer: If they are not domestic partners, then I don't see how he'd be allowed to claim her as a dependent (since he could not generally put your ex-W's name on his return). I'd suggest to file a support modification petition & ask for the Magistrate to direct that you get the deduction. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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