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Am I able to claim at least one of my children on my income taxes?


My ex-wife and I have been separated for over two year. Before we seperated we had an agreement drawn up that stated that we would each claim one of the children on our taxes. However, she never signed the agreement. The children live with her about 70% of the time. I pay child support which amounts to more than she makes, so obviously I am providing more that half of their support. The information that I find is since they live with her more than 50% of the time, then I can't claim them no matter how much support I give.

The fact that she never signed the agreement means you can't claim the exemption. In the absence of a contract to that effect (i.e., the unsigned agreement), this reverts to IRS law and your interpretation there, unfortunately, is also correct since they live with her 70% of the time. Also, you probably already know this, but you can't deduct the child support either.

The only way out of this I see is to try and get your ex-wife to agree to sign the agreement, which I suspect she won't do unless you offer her something. I suppose she might out of the goodness of her heart, but you know her and I don't.

I'm a CPA, so I'm pretty confident in my answers above. Source(s): Good luck and God Bless.
Yes you can claim the child. It will be a race though. You have to file taxes before she does otherwise she could claim the child and then you'll be screwed. If you have your W-2 - file ASAP!! Good Luck!!
No, your ex-wife gets all the child tax credits since she is the custodial parent.
You are correct. You cannot claim the exemptions for the children unless she voluntarily relinquishes them to you on a year-by-year basis.
Without a court approved agreement you will not be able to take the children as dependents because they did not live with you more than 50% of the time.
not true....it's the money rule that takes precedence...
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