Moderator
LIGHTNIN
Posts: 4,189
Registered: ‎03-24-2008
Re: A Long IRS Story, be patient

My DD is divorced with 3 kids and the divorce decree said he claims 1 ex-wife claims 2 on even years, then odd years it flips he claim 2 ex claims 1. Earlier this year, filing for 2011 he claims his 2, but she claims all 3. Grrr. IRS changed the laws last year for the children of divorced parents, I think it goes back to 1985. The IRS told us the divorce decree doesn't matter, it's which parent the kids were with most of time. Legal Aid in our area said we would have to take ex to court, because legal aid doesn't deal with post divorce issues.

 

Try to Google the state your sister lives in and the words IRS,pro bono and attorney.  Or try calling Lawyer Referral Service or local bar association in her area.

 

Here's a link, that maybe helpful  http://www.irs.gov/publications/p504/ar02.html#en_US_2011_publink1000175898

 

Scroll down to table 3, it is going to depend on what year her final divorce decree went into effect and whos home the kids spent the most nights in a year was.

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