Divorce Decree clarification.

[jlcd]

I am looking to clarify something on my divorce decree.I live in Ohio if that matters,20 years of marriage,divorce in 2010.I have full custody of our 3 children.

It states.. "The parties agree that the father shall be entitled to take the tax deduction such time said children is eligible for such deduction."

This is inserted as one line between paragraphs regarding child support.It seems a bit misplaced and vague.There is no other mention of taxes anywhere else in the decree or who gets to claim the EIC or anything else for that matter.

I am waiting for a call back from my attorney before I file my taxes this year,but as his house has recently burned down I am thinking I will have to wait a while before he can get back to me.

Thank you,
Jennifer

 

[Proserpina]

Dad gets to claim the children as long as the children qualify as "dependents".

 

[jlcd]

Thank you for the quick reply.

Follow up question if I may...IRS deems dependents as living with for 6 months or more,ex has standard visitation rights but only got them for a total of 16 days last year of his own accord. Does this qualify the children for him to claim?

 

[Proserpina]

This is where it gets tricky.

According to IRS rules, you get to claim them.

But your decree orders you to (presumably) sign the 8332 form, giving him the deduction.

So while the IRS doesn't really care, family court can care a great deal.

 

[jlcd]

No mention of a Form 8332 on decree,the only mention of anything to do with taxes is the line I quoted above.I mean literally no where else,had my ex-brother in law and my sister read over the document to see if I missed anything.

At least I know I can start getting into some more IRS reading.Thank you very much for your time.

 

[Betty3]

You might wait & ask your lawyer (which it seems like you are) before filing your taxes to be on the safe side.