Divorce and Tax Returns

[fzranc]

My jurisdiction is: Raleigh, NC

I've been divorced since 2002 and have joint custody of our two children.
Up to 2007, my ex claimed the children on her taxes. She is now re-married and I stated I wanted to claim just our son on my taxes for 2008, since she is now remarried and we still have joint custody.
She has always and still does make more money than me and she has in addition to covering her half of the living expenses, when the kids are with her, she has paid for childcare and she does carry the children on her health care.
With that said she is insisting that I cannot claim either child as a dependent on my taxes because she is paying for childcare and health care.
We used a mediator for the divorce and there is nothing in the agreement covering this issue.

Is she correct?

 

[Duranie]

Unless the courts have given you the tax exemption, you cannot claim without her permission and there will be a form she needs to sign. Since she pays for the majority of the kids it sounds like since she also pays for child care and health insurance. I am not sure why you think you are entitled to claim? It sounds like she financially supports them more, by pretty far.