Dependents and Re-Marrying

Today TaxMama hears from Denise in NJ, who wants to know. “If a couple gets a divorce, and the woman gets to take the children as dependents in lieu of alimony, what happens if she remarries and does not hold a job any longer? Can she file jointly with her new husband and still use the children as a write-off? Or does she lose the right to do this?”

Dear Denise,

Your children live with you.

You and your husband provide more than half their support.

You bet your sweet bubby you can!

Under the most recent laws, in practically every instance, the custodial parent will get to claim the children. So if your children live you for more than 6 months, you’re fine.

If you want to read more about this in IRS Publication 504 for Divorced or Separated Individuals. There’s a section in there specifically about the rules for claiming a dependent.
http://www.irs.gov/publications/p504/ar02.html#d0e1429

And remember, you’ll find answers to lots of questions, about who gets the kid, and other tax information, free. Where? At TaxMama.com

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