Ennis, TX Divorce Law Firms & Lawyers

This is a case where federal law dictates the answer.  Under the Internal Revenue Code, the parent who is the primary custodian gets to claim the children.  Sometimes in divorce cases we make provisions regarding who gets to claim them, but the federal government doesn't care one bit about what a State court rules. So, to answer your question, it sounds like you get to claim them under federal law.  You may, because you are a nice person, allow her to claim them, but that is solely your decision.  If you both claim both children, then ultimately, when the IRS flags your returns, you sir would win the battle.  At least that is my understanding of how that works. Good luck.

Please add some information to let us know what you are asking.  If you are married and you file for divorce you could consider adding a claim to the pleading for  emotional distress.  That sort of claim is difficult to prove if you have not sought counseling or medical help as a result of the distress. 

You must get certified copies of the qualified domestic relations order and send that to the plans administrator. If you ask, your attorney will do it for you and probably do it right.