Can your ex-wife and her new husband legally claim your children on their taxes if she does not have
When it comes to claiming a child or children on a tax return after a divorce, things can get a little tricky. There are many factors that go into claiming a child on a tax return after divorce. It all depends on the type of custody that was handed down from the courts, whether one person was awarded primary custody, full custody, or joint custody. In the cases of full and primary custody, the person with those terms as guardian of the child, or children, will file them as a dependent, and not the other person who was given partial custody. The courts generally either rule in favor of the woman or the person who will be more financially able and supportive of the children, sometimes still being the woman. When it comes to joint custody both parties can switch off who claims the child or children on their return per year. One year going to the man, and the next year going to the woman. In cases where there are an even number of children in the family, both parties may split up the children on their respective tax returns. So to answer your question more upfront, yes they legally can if they are given more custody of the children, and/or are given permission by you to claim them on their return for that given year.