Is it possible to claim my children on my taxes? Posted on July 26, 2011

I live in MT and would like to know who to listen to. There are two children involved. My divorce document states that the mother who lives in TX can claim the younger child on federal & state income tax purposes while I claim the older child. When neither party can claim the older child they alternate with the younger child, with me claiming in odd years and the mother claiming in even years. The question I have is this. I filed my taxes and I was not able to claim my oldest because he turned 17 in 2010 (lost child tax credit) and I did claim my daughter who was 12 in 2010. I was told by my CPA that every tax attorney she spoke with said that the IRS doesn't care what the court documents state in this matter. They only look at which parent the child lives with for the majority of the year. Both children live with me full time with my daughter spending about 1.5 months out of the year with her mother. My son might spend 2-3 weeks per year. I would like to know if my CPA has told me correctly about this matter or if I am in the wrong. Thank you for your time.

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