I live in the state of Pennsylvania. We're trying to figure out how to file this year without breaking any laws. My fiancé lives with me and I have 3 children from a former marriage. My ex husband pays child support. I am unemployed therefore I don't file every year. Does my fiancé have a right to claim my children because we've lived together this year, or does my ex have a right to claim them? I intend on doing more research and making a few calls if necessary, but wanted to know if anyone had this similar experience or knows the answer. Thanks mamas!
Actually there are some divorce decrees that have the parents alternate years for claiming the children. In those situations the IRS actually has a form that the custodial parent signs in order for the non custodial parent to claim them. So while in most situations it would be illegal there are some that it would be legal in.
I actually called the IRS directly and as mentioned above, he cannot claim them because they did not live with him. They haven't since 2010. They said it would be illegal for him to claim them. Thanks ladies!! :0)