Tax Law (Questions About Taxes)/Personal income tax

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Question
My child support order from Pima county, Arizona Superior court(2010) states " The respondent will be entitled to any and all tax credits or deductions for the minor children until such time as Petitioner is employed and the child support order is modified. Each year, the obligor may claim these exemptions only if the obligor has paid all child support and arrears ordered for the year by December 31 of the that year." My question is if I agreed to, and had a minute entry  made concerning, letting the kids go live with their mom beginning March 30, 2013, so that she became custodial parent at that time and kids lived with her the rest of the year, can I still claim both kids without her signing a declaration of intent not to claim them ?  The child support order has not been changed yet but it soon will be. We have joint custody and i was custodial parent until March, 2013. The child support was 0 dollars. I was Respondent and Obligor. Thanks for your time.

Answer
a.

if you did not pay for their care and they did not live with you > 185 days, she gets the kids and child tax credits and also the right to claim head of household (with commensurate lower rates). period.  this is the case - REGARDLESS OF THE AGREEMENT.

b.

if you did not pay a penny and they lived with mom from march, just because you think it is ok to claim the benefits, doesn't that smack of petty, greedy and just plain old asshole status?  

c.

I hope that you have the balls to do the right thing and let her know she can do the above(actually proactively tell her - she is still the mother and custodian of your children)

D.

given, b above, no wonder she divorced you.  :)  

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