who has the right to file on our children?

[jennifer_3]

I was wondering if anyone could answer this for me. I am divorced and have three children with the ex. I have custody and he has visitation rights, the children live with me and my husband. The ex is trying to tell me that he is going to file on the kids this year, i told him he can't and that me and my husband are, he said he has all rights to and if we try fileing on them , then we are going to get in trouble? Does he have the right to file on them? Any help will be much appreciated

 

[nextwife]

And this was never addressed in the divorce decree? Many decrees have alternating years for taking the deduction. Or at least SOME language dealing with this.

 

[abezon]

The custodial parent (you) gets to claim the kids unless the CP signs a waiver, or the court support/custody order gives the exemptions unconditionally to the non-CP. If the order says the NCP gets to claim the kids if he is current on support, the NCP has to include a signed waiver with his tax return. Barring court order of a signed Form 8332, you get to claim the kids as long as you & your ex provided over half the kids' support between you.

 

[speedcam]

my wife has three chilren also. she was told in court by the judge that she is no longer to claim all three kids, so we told him he could claim one per year. judge saw no problem with that and said we were at least being co operative.