Section 152(e) of the Federal Tax Code provides that the custodial parent is generally entitled to the personal exemption for the qualifying child. To be a “qualifying child”, you must satisfy four tests:
Age – the child must be under the age of 19 at the end of the tax year or under the age of 24 and be a full-time student
Relationship – the child must be your child (biological, adopted, step, foster) or a descendant of one of them (grandchild) or your brother or sister (full, half, step) or a descendant of one of them (niece, nephew)
Residency – the child must have lived with you for more than half the year
Support – you must have provided more than half of the child’s support during the tax year
In cases where the non-custodial parent wishes to claim the exemption, additional requirements must be satisfied:
The child receives more than one-half of his support during the calendar year from his parents and the parents are divorced, legally separated (either by decree or written agreement) or living apart for at least the last six months of the year; and
The child is in the custody of one or both of the parents for more than one-half of the calendar year
In addition, to claim the exemption, one of the following documents must be attached to the return:
The custodial parent releases the claim for the exemption (Form 8332 – See Section 152(e)(2)); or
A multiple support agreement establishing who can claim the exemption (See Section 152(e)(3)); or
A pre-1985 agreement granting the exemption to the non-custodial parent and said parent provides at least $600 for the support of the child during the tax year
What does this mean for me?
If you’re the custodial parent, you are probably entitled to the tax exemption unless you have agreed to allow your spouse to claim the child on his or her taxes. To be sure, you should review your divorce decree or separation agreement (from the court) to determine who is allowed to take the exemption.
What if I have joint physical custody?
The IRS does not allow for a single exemption to be “split” between the two parties in the same year. Parties who share physical custody of their children on an equal or almost equal basis will generally have an agreement as to handle the income tax exemption(s). If they cannot agree, the IRS will decide for them based on Adjusted Gross Income.
I need some info about claiming my four children…I’m separated for almost 5years now…my kids go to their dad every other weekend and yes his paying child support for 4 kids in the amount of 650 per month…this past years i’ve been claiming all four and now he decided to claim 2 of them so he doesn’t have to pay any back taxes….i wanted to know if he can claim 2 or not. People tell me he can’t because he hardly sees the kids even though he is paying child support. So, yes I’m confused about it. I tried talking to tax people here in Hawaii and no one can give me a straight answer. Thanks, Nadine.
Generally, the parent with the majority of custodial time is entitled to claim the children as dependents on their tax returns.
Parents may agree in writing that the parent with lesser custodial time will claim the children. You may want to be sure that you did not previously agree in writing that father can take two of the children as deductions.
For more information about specific tax laws, you should contact an accountant, or check Hawaii’s state website for its tax laws.
If you are not custodial parent (the parent with the majority of custodial time) you will need the custodial parent to sign IRS Form 8332 permitting you to claim your child as a dependent on your tax returns.
You would have to provide him with form 8332 in order for him to claim the exemptions/dependents. Otherwise the custodial parent gets them. Go to IRS.gov for more information.
I was wondering if I am the only one to work and my kids mother dosn’t work is their some kind of way I can file my kids during the tax season I also do pay child support and what can I do to make this happen
The parent with more custodial time is entitled to claim the child(ren) as dependents on their Federal and State tax returns. If you are not the parent with the majority of custodial time but want to claim the child(ren) as dependents, you can enter into a written agreement with the other parent which provides that you can claim the children as dependents. You will need to attach a copy of this agreement to your tax returns. If the children’s mother does not work she may be amenable to this agreement since claiming the child(ren) as dependents does not really provide her with any tax benefit if she has no income.
That is absolutely NOT TRUE! There are plenty of divorced people (with children) that have all sorts of different arrangements (per their divorce decree) regarding how their child/children can be claimed. For instance… My Husband and his ex wife claim all 3 children bi-annually, one year she gets to claim them and then they alternate… He has almost 50% custody (she has a tad more time and is considered their primary guardian, their Dad has Join, Legal/Physical Custody. So you cannot be giving out this kind of information to people when it is in fact not 100% true.
I have the same situation as William. My ex has no income; however, I already claimed my children. I did not have the 8332 because their mother and I do not get along. I got an IRS notice that someone else claimed them (her parents). They do not live with her parents. Can she sign over the exemption to them? Will I have to repay the refund? I was the children’s sole source of support through child support and additional contributions (food, clothing, diapers, a car, and cash) that I did not keep receipts for.
Your ex’s parents cannot legally claim the children as dependents if the children do not reside with them. The parent with the majority of custodial time is the person entitled to the dependency exemptions. If you are not the parent with the majority (more than 50%) of custodial time then you cannot claim the children as dependents unless you have a signed IRS Form 8332 (as mentioned in the article above) that entitles you to the exemption.
I appreciate the legal opinion, Monica, but repeating the rules without pointing out the outrageous injustice makes you seem cold or even anti-male. The IRS has changed the definition of “dependent” to mean something other than the common, recognized usage in English.
What is the IRS thinking by not allowing a noncustodial parent who pays more than $5000 a year claim a child as an exemption? Sure, the child may be spending more custodial time with the custodial parent, but that may have nothing much to do with money coming out of the custodial parents paycheck or other income besides the child support that the noncustodial parent is paying. It’s what child support is for; to take care of the child. If the custodial parent’s income was sufficient, it wouldn’t be neccessary. If it is sufficient, then more than likely, what the custodial parent could be putting towards the child/children is going towards a new pair of shoes or something. Along with so many other weird things that are going on with our government right now, this is just another one of those poorly or non thought out decisions made. It’s stupid. Let the one paying the child support claim the child. Having to ask the custodial parent for an 8332, or whatever that form # is, is hateful as well, since there is an %85 chance that most parents aren’t even speaking to each other at this point, and the custodial parent will just use this as another opportunity to be vengeful or aggravating, which could lead to anything undesirable. I really don’t feel that the IRS made an effort to put much thought into this. It’s enought to make you want to leave the country and never look back.
I don’t think she is anti-male, the same rules apply if the father has custody. As far as it not being fair that the noncustodial parent cannot claim the child when they provide more support, there are other factors. I think the main idea is that it helps the custodial parent provide more for the child, instead of the parent pocketing the money the child is more likely to receive support from it. It is your duty to provide for your child, not the irs and many parent (male or female) do not want to provide more to their ex than they have to.
Hello,
I have a daughter that is 22 years old and she is a full time student and she works. Her gross income exceed 3500 for this year. Can I still claim her as my dependent?
Hi, Lily. The answers to your questions are dictated by the IRS tax laws, rather than family law, so I would recommend you consult a tax adviser or check the IRS website.
Because your daughter is under 24 and a full time student her income level is irrelevant because the child dependent rules apply. For you to claim your daughter she must live with you for more than half the year (a dorm room counts as long as her permenant address is at your home) and she must not provide more than half of her own support. If these conditions are all met you can claim her. If she is claimed by you or someone else she may still have to file her taxes but she will not be able to claim a personal exemption on her return and her standard deduction is limited to the lesser of her earned income or $5800.
My ex-husband is calling me after 13 years of being divorced and is asking me for my daughters SS# he claims it’s for work purposes but I have a feeling he is trying to claim her on his taxes seeing he is recently divorced again and he can no longer claim his new ex-wifes children. How is the IRS going to know he is the non-custodial parent and how am I t be sure he is not going to forge my name on the release form to get the tax return. He claims if I do not give him the SS# he is going to go get it from the SS office can I stop this from happening? Please answer ASAP. Thank you
There is nothing you can do to prevent your ex-husband from unlawfully claiming your daughters as dependents on his tax returns. If two parents claim the children then the IRS will assess penalties against the parent who did so unlawfully.
If you are the custodial parent and have not signed IRS Form 8332 permitting your ex-husband to claim the children, then you may lawfully claim the children as dependents on your tax returns.
Yes, but what steps does the custodial parent have to take? Report them tho IRS? Then go through an audit? Or what? I haven’t filed successfully because he (the non-custodial parent quickly claimed her thru H&R Block , who didnt think to ask him for that form I was supposed to sign inorder to allow him to claim our child. He just claimed head of household, claimed our child and never mentioned any custody agreement and they apparently didn’t ask. nd then told me , “OOpps ! You’re going to be mad at me.” So he says at the time that he will do a voluntary ammendment to unclaim her so that I can claim her because he totally is in the wrong. I made plenty of income to claim her and she lives with me BY FAR the majority of the time, I couldve gotten close to $5,000.00 claiming my child, but with him having already spent his IRS money he made by claiming her unlawfully, I can only get $600.00 becauseour daughters social sends up a red flag since she’s already been claimed, and I get denied, I am going to call the irs Mondya to find out but stumbled upon your web site do thought I’d ask while I can. He, by the way, has not kept our deal. He has not filed a voluntary amendment and I’ve been patient and nice for too long. He wasted no time taking my money but seems to not be able to get off his lazy buns to go right his wrong. So I’m sick of waiting and I’m going to do whatever it takes to get back what I consider the money he stole from me. He also used that money to pay off his probation fines. Crimes He committed before I ever knew him. So in reality- I paid off his fines. I doubt his po or judge wud like to know those fines were paid off with money he stole from me and defrauded the government.
WHAT IF I HAVENT SIGNED AN 8332 , BUT I AM THE CUSTODIAL PARENT AND HE ONLY HAS HER TWO WEEKENDS A MONTH ? I WAS TOLD TO FILE ANYWAYS BECUASE I HAVENT SIGNED THAT FORM BUT THE PARENTING PLAN SAYS HE GETS TO CLAIM HER TWO YEARS IN A ROW STARTING THIS YEAR I CLAIM HER ONE , I DID SIGN THAT AT MY LAWYERS ADVICE…WHO IS NO LONGER ON THE CASE I MAKE LESS BUT HE OWNS HIS OWN BUSINESS AND ON THE TAX FORMS IT SAYS HE GROSSES 120,000.00 BUT DUE TO EXSPENSES ONLY TOOK HOME 10,000.00 SO WILL I BE INTROUBLE WITH THE COURT IF I CLAIM HER ? THE IRS SAYS W OUT THAT FORM BECUASE SHE DOESNT LIOVE W HIM ITS NOT LEGAL..IM CONFUSED WHOSE RIGHT THE COURT OR THE IRS ? AND HOW COULD THE COURT PUNISH ME IF IM WRONG ?
My daughter has the same problem. She agreed to allow her ex to claim one child and she would claim one child in the orginal legal seperation agreement in September 2009, at that time she was in VA, BUT, circumstances have changed, in June of 2010 she moved to SC from VA with permission from a court order to live with me. I now want to claim the two children and my daughter exemptions as the ex only pays mininum support. The ex still wants to claim one child. NOW, the simple answer is the IRS will give me the exemptions because my daughter is going to school and I pay the majority of the support for all three, and have a higher income than the father. However, we have go back to court to get the order changed by filing a motion to amend the orginal order or she could be found in contempt of court as I understand it for not supplying the husband with the Form 8332. It is a grey area but if in doubt, go back to court and hope the judge will rule in your favor.
My husband & I have been legally seperated since Sept.09. In 2010 we filed jointly. This year I filed Head of household & claimed both, since I am the custodial parent in our temporary agreement. He does not get our two children on any regular basis or really spend time with them. We go for our final hearing on the 28th of this month. I have never agreed to let him claim one of the kids & it is no where in our temporary agreement from when we went to court in March of 2010. Did I have to wait until our divorce was final to file & will a judge make me agree to let him claim them if he hardly ever sees them? He makes twice what I do and is not helping out with any extra activites financially only paying child support, which is not much for 2 children. In SC sports, dance fees, etc are not included in child support nor does the court require them to help with these. I have kept them involved in these activites to maintain as much normallacy as I can for them. He does nothing.
My husband is paying close to $800 a month for his two kids.The mother of his two kids now have for kids.For the past yr,she has been letting a friend and other family member claimed the kids.I want to know if there’s something we could do about it situation?
The parent with the majority of custodial time is entitled to claim the children as dependents unless there is a written agreement between the parties otherwise.
If friends or other family members are claiming the children as dependents on their tax returns and they do not have custody of the children for the majority of time then they are are taking unlawful deductions and can be fined by the Internal Revenue Service.
I have a divorce settlement which allows me to deduct one child on my income taxes and my ex-wife to deduct one child on her income taxes and alternate the third child every other year, as long as she is W2 salary employed and my child support obligations are payed, which it is and I currently pay more than my state requirements in child support.
My ex is threatening to file her taxes claiming all three deductions and that it is my IRS problem not hers. At decree entry, my attorney did not have her sign IRS form 8332. My question is can she get away with this and what do I need to do. Is this a civil matter? or do I need to get a tax attorney.
I suggest that you consult with your tax return preparer. Generally, I would advise that you take the deductions permitted under the settlement agreement and attach a copy of the settlement agreement to your tax return.
This is contradictory. First, you say that the parent who has the child more than fifty percent of the year can claim that child as a dependent despite an original divorce decree of alternate year claiming. (Unless of course the custodial parent signs or signed a 8332 form). Here you’re advising this gentleman to send a copy of the original settlement agreement with his W2’s. Which is it?
I agree. Since the 501 publication clearly says that divorce decrees cannot be mailed with the return post 2008, this would do the person no good. The IRS does not care what the agreements are. The custodial parent is defined as the parent with whom the child spent the most nights. Your X can still file a civil suit and you can be held in contempt of court if you do not comply with the divorce papers or other court ordered agreement. Hopefully this will not happen.
I would agree with Monica on this one. According to my divorce decree,I have the right to claim my child as long as my support is current for the year in which I want to claim her. My ex claimed her each year after the first year we divorced and when I went to file, the red flag came up that she had already been claimed, so I attached the divorce decree per instructions from my tax preparer and I have gotten the claim approved each year for the past 4 years.
This only applies if the divorce agreement was before 2008. After 2008, the rule changed. You can go to IRS.GOV and look at publication 501 on about page 12-15
My question is, if I paid child support for my child providing more than half his financial support for the year, do I have the right to claim him on my income taxes if he lives with his mother who does not provide even half of his support?
Hi, Thomas. If you’re divorced, then Monica’s first two comments explain which parent has the right to claim a child on his/her tax returns (it’s dictated by your custody agreement, rather than how much financial support you provide.)
Soi had a one night stand with a girl & she had my baby i pay child support but she does not let me see my child. can i do something? and also can i claim my child on my income since i work & am paying child support…the mother of my child does not work she is still in high school.
If you would like to have visitation with your child and you cannot reach an agreement with mother you or your atorney must file a motion in court requesting visitation.
The parent with the majority of custodial time is entitled to claim the child as a dependent unless there is a written agreement between the parties otherwise.
Hi,
I have one question, My sons father would like to claim my son on his taxes, but he still owes back child support, in the child support order he is able to claim my son every even odd year, if he does not owe back child support. He Still owe back child support what can i do to make sure he can not claim him?
If your child support order provides that father cannot claim your son as a dependent in odd numbered years if he owes child support, then you are able to claim your son as a dependent.
Be sure to review the order carefully to ensure that this is what the order provides. You will also want to include a copy of the order with your return and an explanation that father owes child support, thus you are entitled to take the deduction for that year.
Here is my question. My soon to be ex and I have lived together for most of the year, we lived with my mother when we didn’t live here. He works and I don’t. He pays the electric bill and that’s it. When we need diapers and wipes, he will ask his mother or I will have to ask mine. I did have some money saved up which paid for a majority of the necessities that my children and I needed. His mother also pays the house taxes and the insurance ans taxes on his car. What I am wondering is, can my mother claim my children on her taxes? I know that if he claims the taxes they will be gone he will have nothing to show for it. I would like to get the money back and pay his mother what is owed, I will also be moving out soon and could use it for living expenses. We are not married by the way. He is threatening that if anyone but him claims the children he will have them thrown in jail. My thing is, he barely even supports them, he pays the electric bill and that is absolutely it. He won’t even do so much as change a diaper or buy any for that matter. So would I get in trouble if my mother claims my children?
My soon to be ex wife and I separated on July 20th. She filed papers on August 7th. We do not have a separation order or a divorce decree. Only a temporary parenting plan signed by a chancellor. She went and filed married separate and got a 2000 dollar refund. I am now stuck with a 6900 dollar liability. Is this legal?
I have custody of my little girl by court papers and her mom had standard visitation but my daughter wanted to stay with her mom so I have let her most of the year (over half). I still pay for her health and dental insurance. Now her mom’s live in boyfriend has claimed her on taxes. Is that legal even though I have full legal custody in the court papers and taxes are not addressed in them.deR
I am divorced with two children, and I have primary custody of them. They see their mother every other weekend. My divorce decree states that if my ex does not pay all of her child support for the tax year 2009, she cannot claim one of our children on her 2009 taxes. Her support was due on December 28, and has not yet been paid. My question is, does that mean that if the support is not received by December 31, it has not been paid for that tax year? Is there a certain cutoff date that applies?
my husbands exwife is trying to say that she will claim their son on this years taxes when in their divorce decree they agreed that they would alternate years that they would claim him. It is my husbands year to claim his son and this will also be the first year that he and I file as a married couple. Yes she is the custodal parent but that decree in their divorce papers override the fact that she can claim him right????
The terms of the agreement control. You and your husband should claim his son as a dependent this year as set forth in the agreement. You should also attach a copy of the agreement to your tax return.
Hi Jessica – Was just wondering if you ever got this resolved? Did you have to fight it through the IRS? I am going through the same thing now with my husband and his ex-wife. The exact same scenario except when we went to file our taxes this week (late) they rejected it saying that his ex already claimed their son. It’s my husbands turn this year according to their divorce agreement to claim him.
Hi Jessica – Was wondering what was the outcome of your tax issue? I am going through the exact same thing with my husband and his ex. Except she already filed her taxes and claimed him. We did ours late and when we submitted our return they rejected it saying that his son was already claimed!
Hello, reading through the above messages I’m pretty sure I know what I need to do but just want to make sure. I have 2 children of which I pay support for. Their mother is the custodial parent however she had no income whatsoever and claiming either of the two would be pointless. According to our decree, we each claim one of the children unless she has no income then I am entitled to claim both children. Since this is in the decree do i still need to have her sign a IRS form 8332? Lastly, when filing my tax paperwork what do I indicate is the time spent living in my household?
Hey Monica I have a question I’m 22 years old and I have a daughter that is 11 months old. I’m a stay home mom & I stay with my parents for now until I get on my feet. I’m unemployed. I never been marry but I recently got separated from my ex boyfriend. We lived with for 10 months after her birth all that he really provide for her is a place to stay & diapers & wipes my family has help me on everything crib,clothes,shoes,car seat,etc,etc for my daugther. Now that I left can he claim her in his tax return? I live in Illinois and he stays in Minnesota my daughter was born in Mn too.
Hello. My husband and I have been divorced for 2 years. He is obligated to continue paying for my son’s health insurance through his work but is still paying for mine as well. Is there a tax advantage for him in doing this?
The cost of some health care plan premiums are deductible expenses. Whether your ex spouse is able to deduct the cost of health insurance premiums he pays for you and your son depends on the type of health insurance plan.
If the custodial parent is self employed and does not pay taxes does that mean that the noncustodial parent can claim the child on his taxes being that he provides for the child? I’m trying to verify that the custodial parent cannot give the child’s social security number to another individual to file for her being that she has unreported income coming in and the father does pay support for the child. If she does not pay income tax does not filing of the child go to the noncustodial parent if there is no one else supporting the child? Also, if the custodial parent allows another individual to file the child for an excess of cash is this not illegal?
The custodial parent is entitled to claim the child as a dependent on their Federal and State income tax returns. If the custodial parent has no income and has no use for the dependency exemption, the custodial parent can sign IRS form 8332 which allows the other parent to claim the child as a dependent. A third party is not entitled to claim the child as a dependent unless the child lives with that person for the majority of time.
I have a question my boyfriend and I have been raising his son for the past year, But there is a court order saying his mother can claim him for tax returns for 2009. Can we still claim him or would we get intruble. I think its wrong for her to get that money when she has not had him. And there is not enough time to change it threw the court.
Since there is already a court order providing that mother is entitled to claim the child for last year then mother is the only parent entitled to the last year’s dependency exemption. If you and your husband want to claim his child as an exemption for this and future years (going forward) because your husband is the parent with the majority of custody then your husband should obtain a court order providing that he is parent entitled to the dependency exemption.
my husband has a son with an ex girlfriend.. they both have joint legal custody his son is with us 50% and his mother 50%…my husband pays child support to her! my husband works and so do i but the childs mother does not and never has! she currently lives with her boyfriend and has not lived with her mother for a year…can her mother claim my stepson over my husband?
Your husband should review the court order or judgment to find out if he shares joint (50/50) physical custody of the child.
Physical custody is the actual timeshare or visitation. Legal custody is the ability to make decisions about health, welfare and education of the child.
Physical custody is relevant when determining which parent is entitled to claim the child as a dependent on their tax returns. If your husband and the mother have 50/50 physical custody either parent may claim the child as a dependent, but this should have been addressed in the order or judgment or by agreement of the parties. If physical custody is not 50/50, the parent that has the child the majority of the time is entitled to claim the child as a dependent.
So my question is I get ssi my boyfriend is waiting for his ssi and we have a 6month old daughter our daughter stays with her gma my boyfriends mom down in the cities cause she helps with a lot of her care and baby stuff my question is my daughters godmother is my boyfriends sister who lives with my boyfriends mom can my boyfriends sister claim her seeing that she lives with them and has been for like three months
I am divorced with 2 children. I want to claim the children on taxes and so does my ex. The amount he pays in child support is about the same amount I make yearly. I live with my fiance that also helps support the children. I am the domiscile parent and their father sees them only every other weekend. We have a verbal agreement only that I can claim the children, but he seems to be changing his tune this year…what would happen if I claim the children before him and then he tries. We have nothing in our divorce decree that states anything about this.
Since you are the parent with the majority of custodial time, you are entitled to claim the children as dependents on your tax returns. You should attach a copy of your divorce decree/judgment, which reflects that you the majority of time, to your tax returns.
I am a single mother with two daughers. My eldest has a baby and is going to school full-time. She has had two part-time jobs last year, but nothing to put her over the dependency limits. Can I claim my daughter and still have her claim her son as a dependent? In other words, she still wants to file her own taxes and claim her son, while I feel that I have a right to claim her, since i pay for everything.
I am divorced. My four children live with my ex wife. My ex wife did work at all last year. My ex wife currently lives with my aunt and has done so all of 2009. Can my aunt claim the children for the child tax? I know she can probably claim head of house hold and get the earned income tax? Can I claim all 4 for child tax if my aunt cant?
The parent with the majority custodial time is entitled to claim the children as dependents. From the facts in your question, it appears that your ex-wife is entitled to claim the children as dependents. Your ex-wife can agree to let you claim the children as dependents. She would have to sign IRS form 8332 in order for you to be entitled to the exemptions.
I am a single mother with two daughers. My eldest has a baby and is going to school full-time. She has had two part-time jobs last year, but nothing to put her over the dependency limits. Can I claim my daughter and still have her claim her son as a dependent? In other words, she still wants to file her own taxes and claim her son, while I feel that I have a right to claim her, since i pay for everything.
I am currently separated from my wife, and she has custody of our two kids. We did not separate until September of 2009. She has said that she is claiming the kids on her tax return. Is she legally allowed to claim both of the kids, even though I contributed and lived with my wife and kids until September?
Since you lived with the children and contributed to their support for the majority of the year, it seems you would be entitled to claim them as dependents. However, if your Wife also lived with the children and contributed to their support for the majority of the year she would also be entitled to the exemption. Perhaps, you and your wife could agree to each claim one child as a dependent for 2009. Be sure to fill out IRS Form 8332 reflecting this agreement and include the signed form with your tax returns when you file them.
If there is a divorce decree signed by a judge that states which parent can claim which child does this supercede the law about where the children reside and who can claim them? And if a parent refuses to sign the IRS form 8332 what actions can be taken? Can the other parent still file and claim the children according to the divorce decree without getting in to trouble with the IRS? Or do they have to have the form 8332 to go with thier returns when they file?
The provisions of the Divorce Decree/Judgment regarding the dependency exemptions control. The IRS requires that a signed Form 8332 be submitted with the tax return claiming the exemptions. If you cannot obtain your ex spouse’s signature on Form 8332, attaching a copy of the Divorce Decree/Judgment to your tax returns may suffice.
The IRS has recently indicated that it is a better practice to attach a signed form 8332 when claiming a dependency exemption, rather than attaching a copy of the judgment.
Hi,
My ex is claiming my daughter after the divorce according to the decree for years. Other then that he doesn’t have any contact with her. I want to claim her now when she is 16 because it is going to help her with stipend and scholarships for college (he is making much more money then me and not going to help her through college). I don’t seem to be able to change it legally, family court is refusing to change. How do I get an opportunity to claim her? We had a default devorce decree, I never signed any forms for him, is he still able to claim her?
Thanks,
Julia
Thanks, everyone, for your comments and questions. We do our best to answer as many comments as we can on this site, but we may not be able to reply to everyone. If you need to make sure you get a response, go to the Ask a Lawyer page.
Hello, My 18 year old daughter and her 16 month old son live with me. Normally her father claims her and her sister as dependents and I claim them for the EIC. My question is who can claim the grandson? I think I can because he lives here.
My daughter made $1700. last year so does she need to file her own return?
THANK YOU!!
How do I claim the EIC for my child when my ex can claim her as a dependent on his taxs , She lives full time with me .She is only 12 years old and I have a 18 year old that lives with me full time that I claim as a dependent but not the EIC .In my devorce decree he was to get the younger one for his taxs and I was to get oldest one but he has not been paying the child support on time. I would like to know how I can claim the EIC for the younger one this year on my taxs .
I was wondering who is entitled to claim my daughter between me and my boyfriend. We live together but we are not married. We live at his parents house and we don’t pay rent. I pay her child care and medical insurance, and most of her clothing. He pays for her diapers and milk. His parents buy most of the groceries. I worked all of 2009 and my boyfriend worked for 1/4 of the year and was on unemployment the rest of the year. Any advise?
i was never married but i have two childern from a past realationship. the mother of my childeren does not work she collects social securty for herself and 1 of my childeren. i also pay child support and medical. she also lives off public assistance food stamps, lihep ect. i also had the childeren for the same amount of time lasst year as she had. there is no open custody case. my question is can i claim these childeren on my taxes since i do pay for everything they need, and is there a problem with claiming childeren who get social securty.
I’ve had physical custody of my daughter since her birth.I’ve been on tanf since her birth but worked prior to her birth.I’m just not sure if I can claim her as a dependent if I haven’t gone to court yet to make it legal custody.Not like the dad wants custody.I provide all support aside from providing a roof over our heads.My dad provides that for me and her for the past 4 months.
I am engaged to my fiance and I have two children of my own and he just received his two kids this year because their mother is in jail. She is going to send him a signed form stating that he can claim them. But I make most of the money and he is laid off due to the season, so can he sign another form and allow me to claim them since i pay for their daycare, food, etc… I make more then he does by at least double.? He has had them for a year now. The kids mom is very mentally and emotionally unstable, so just because she said that we will not believe it until in comes in the mail. So since we have had them for the year time, can he just fill out that paper for me? We do not want her to come back and claim them even though they have not been with her, and then bite us in the rear, even though she is in jail (for now that is what it says in their divorce decree) that she can claim them. But once again we have had them for the year time.
Hi my child’s mother and i share joint custody but my daughter lives with her mother last year around this time her mother claimed are newborn baby on her tax returns my daughter was maybe a month old. This year i was supposed to claim are daughter but her mother had someone else claim her behind my back what can i do about this.
I have a question about my current tax situation. My wife and I have been married for over 3 years and her ex has only seen my step-daughter a few times during that period. He does pay child support of $200 a month and in their divorce papers, they agreed to take turns claiming her. This is his year to claim her. We have not included our daughter in our taxes, but my wife has filled out an Earned Income Credit form which includes information about our daughter and increases the amount of taxes we get back. The problem is, we just found out that her ex has made the claim on his taxes that he has had custody of my step-daughter for twelve months to get back more money(?), and (according to wife) that we now cannot turn in the earned income credit form because of this. He wants to just “give us the money” [that we’d lose from the EIF] by hand, and my wife doesn’t see that as a big deal. However, I am very suspicious of this and would like some input on what to do, from a legal standpoint. Thank you.
i was wondering if my ex has no income is it possible she could get her mother to claim my son even if i was supporting him (food, diapers, clothes etc. and receipts to prove)up until 2 months ago when we seperated? and if i file my taxes and claim my son, what could happen if we claim him at the same time? and is there any i could do if she did claim him?
If you file form 8332 with the IRS and claim one of your children, how do you file with the State of Arizona? Can I claim my child as a dependant even if the child didn’t live with me, only had him 3 days a week? If you can reply soon, I would appreciate it, as I’m afraid to mail out my tax forms out.
Thanks a million for your assistance.
My 48 yr old daughter had to move in with my husband & me in Nov 2008; she has had no income since Dec 2008 – we file married jointly – can we claim her as a dependent? She isn’t required to file taxes since she receives no income.
I am in my second marriage. I have two children from a previous marriage that the judge awarded me Primary Parent on December 1, 2009. From January 1, 2009, til December 31st, 2009, they spent 184 days in my home and I covered half of their living expenses not including child support. I would like to know if the other parent claims the children as dependents, could I still claim them on my taxes? If so, in what regards can I do so?
My son graduated, last May and will be graduating this coming May with another degree. He is a fulltime student and he has no income except for a student loan to pay his tuition and fees. He lives with me 100% of the time. He also turned 25 this past December. Our child custody agreement states his Dad gets him for deduction, even though my son has been living and supported by me. And no child support has been paid to me in 6 years. I guess my question is can I claim my son as an exemption now that he is 25 or can I claim him as a qualifying relative since he turned 25 ? My child custody agreement does not state when the agreement ends.
I just received a rejection notice from the IRS for my federal taxes. It appears that my ex husband has claimed our daughter on his taxes. She was 18 years old and graduated from HS in June 2009. She is currently enrolled in college. I did not sign a 8332 form. Is there any legal action needed. Not only does this affect my refund but even bigger issue it takes away her Grants because his income is higher.
I have a court agreement from 2003 that reads that I am able to claim the child in even years and the mother in odd years. My interpretation to this is that the entitlement to claim the child as a qualifying child is clearly defined for specific tax seasons. Second, the court’s provisions overrule any IRS stipulation because the IRS tries to make their system unaccountable through their “mediational” rules if their is disagreement.
The mother and I have been claiming the child, like with how I have interpreted the provision to you, until the most recent year I was allowed to claim her. She had filed her as a qualifying child and now the IRS has rejected my child as a qualifying child. Without consulting with an accountant, I can clearly see as to what information an accountant would use as evidence for either party. My question to you is if two parents, whom have joint legal custody, are provisioned by the courts an allowance of claiming the child as a qualifying child and the other parent is allowed to only claim the child on a different year, is the parent whom files the child on their non year in the wrong?
My question is my ex lost custody of my son in October 2009. I have a new court order saying that I have sole physical and legal custody. The original divorce decree states that this would be her year to claim him but he has lived with me for well over half the year due to her substance abuse issues (which is also why I have full custody). The new decree does not spell out specifically anything about taxes just that he is to live with me full time and I do not have to pay child support. Well my ex claimed him this year even though he lived with her for less than a month and she does not have custody. I feel like he should be mine to claim as she lost custody. Who’s right and if it’s me what do I do?
My question is similar to Matteo’s (above). However, I am the mother who wants to claim my son even though our 2004 court documents have the non-custodial parent claiming him every other year. I’ve never signed a 8332 form but I’m not sure that would apply. I only ask this because his dad does not keep him on his visitation nor does he support our son as agreed. If I were to claim him anyway with proof of support, daycare, benefits, and housing would this override our court documents. I would rather get fined by the IRS than spend a fortune in court with no results.
I can tell you that if you can prove, through various ways, that what you are saying did occur, I would speak to a lawyer as far as what various things could potentially happen. I can firmly tell you, however, If you did file the child on your taxes during a said year for the father, the father could in fact take you into court for being in contempt. You would then have to prove, through substantiating evidence, you are not in contempt and that the various facts about the father’s reluctance did occur. You would then be awarded by the courts that your were not in contempt and the father was disallowed the said provision due to his reluctance to fulfill factors that would prove supporting the child. This is just my law abiding opinion and fair interpretation of your concern, but I am sure there could be other things someone else would inform you with.
If you cannot prove your claims, and you did file the child when you were not supposed to, you have the risk of not only paying back the credits applied during that tax season, to the IRS or the father, but found in contempt which is not a good scenario.
A respectable tax accountant told me the following:
No one here is going to try to interpret a court document that we have never seen. Also understand that the IRS is not bound by the court document, you are.
In my state, to process an order to show cause for contempt of court has no fee. You could speak to a lawyer through a free consultation relating to what you are stating too?
Thank you for your input. I’ve never been in contempt and I’m sure I won’t start now. I have talked to plenty of lawyers who by the way charge $300/hr and up for any services beyond free consultation and have more than enough proof to prove years of contempt. But after researching I can’t find any other way to modify or process an order for contempt without a pricey lawyer. In my previous experiences with lawyers and courts regarding this matter I ended up with a financial burden in addition years of conflict. I was hoping that the 8332 form (I’ve never signed) would be a legal way for me to go forth claiming our son. However, it seems that this is not possible without it getting messy.
Tiffani
I am in the same boat as you. My divorce agreement states that my ex can claim every other year if he is caught up on child support. The child support division states he was cought up Jan 6-2010.My ex is stating that he was caught up Dec 31,2009 .My son is now 13 and his father just now got caught up on his back support.He has never paid any extra towards doctor bills,school or clothes. I am also trying to find an attorney to try to get it to so I can claim my son every year. At the time of my divorce I only agreed to the every other year because he was paying so much in child support.Since then my ex has taken me back to court and his child support was cut in half.I feel if we are taking care of our children and the fathers do not contribute that much why should thay get to claim the children on their taxes.Its frustrating.
Elizabeth-
It seems by now the “system” would have an easier affordable process to help responsible parents who are not at fault. I don’t understand if there is a court order in place then why an attorney and court cost are necessary especially when there is obvious evidence to show the agreements are not being met. My son’s father is not only supposed to carry health insurance but pay 50% of all cost pertaining to our son like sports, school, etc which he does not. However, I do get child support only because it’s garnished but when he swaps jobs (often), I have to go through an attorney to establish his employment which takes time and money. In the meantime I’m not getting child support so I have to figure out how to pay court costs. What’s the point of these court orders if we don’t have to abide by them? The last time I tried to modify child support (he was in contempt), it turned into another three year court battle and the outcome was basically the same as before because I couldn’t afford it. I’ve been in court off and on for ten years. My son is 10 btw. In the beginning I initially agreed to certain situations because I was young and not properly informed nor did I know how the future would carry out as far as his father’s actions. I’ve paid thousands of dollars to not one but two attorney’s who could have cared less about us and keep in mind I was a single mom working two jobs and going to school. So I paid with my tax returns. Being older now, I have several friends in the same situation and I can’t give them any advice or encouragement except to not let it ruin you. It’s incredibly sad and heartbreaking. Thanks for sharing your story Elizabeth. I wish you well!!
Hello, My wife and i are currently seperated i want to know once we are divorced can i still claim 2 of our 4 children on my taxes as i have been since they have been born? she now lives in another state. I also want to know can she let anyone other than me claim the kids just being spiteful? if not what questions or demands can i ask for in our court hearing which i go to see the lawyer next month to file for a divorce? Help please Thanks
My husband and I have always claimed his 2 children from previous marrige on our return, The ex has always let us because she has 2 children from another marrige that she claims. This year with the new tax law she claimed another one of our children so she could get more back, We have already filed claiming both children but the ruturn has not been accepted yet (new house credit takes longer) What is going to happen now? ( her taxes have already been accepted and money spent)
My ex husband and I alternate years claiming our son on our taxes. This year is his turn. Can I still claim the daycare expences that I paid even though I don’t have my son listed as a dependant? or is there a way to add him as a dependant and not get the child tax credit? Please advise.
I am divorced and have two sons, ages 22 and 20, who live at home with me. They have only worked part-time the entire year and the total made among them is less than $2500. They do not attend school. I have supported them the entire year. Can I clain them as dependents on my federal income tax form?
Thanking you in advance.
In Feb 2009 my 16 year old daughter moved from her mothers house to reside full time at my house. The child support order I was paying was cancelled. My 16 year old stays overnight with her mother 2 to 3 nights per week. In the divorce decree it states that I would claim our eldest daughter and my ex would claim our now 16 year old. Our eldest is now 23 and I have not claimed in for many years. I tried to speak with my ex regarding who should be able to claim our 16 year old since I am now the custodial parent. She would not discuss the matter with me. All financial support for my 16 year old is provided by me and I have not sought child support from my ex. I have filed my tax return claiming my 16 year old and now my ex is claiming to start legal action against me. I feel she has no right to claim our daughter.
You should probaly get it changed in your divorce decree. I have the same problem it states that my ex can claim our son every other year if he is caught up on child support. He just got caught up after 13 years. Still do not think he should claim him since he has had his child support cut in half and I pay all medical,school,food and clothes.Plus when your child turns 16 you do not get the extra money back for them when you file taxes.
My 1996 divorce decree states verbatim: “The parties stipulate to continue to alternate the dependency exemption relative to child with petitioner being allowed to claim child on odd numbered years and co-petitioner being allowed to claim child on even numbered tax years.”
Does that statment meet the 3 of requirements listed on form 8332 under special rule for children of divorced or separated parents under the exception for post-1985 and pre-2009 divorce decree thus allowing a non-custodial parent to claim the exemption even though child support terminated 3 months into the year and the child has not had any overnights with non-custodial parent in over 2 years.
I have claimed both of our children on my taxes for the last 4 years. We have had 50% custody until October of 2009. She has claimed both kids on her 2009 taxes. I work and she does not. Do I have a case?
My wife and I were divorced in 2003. Our divorce agreement stated that I would claim our son and my ex-wife would claim our daughter for federal tax purposes. No problems until this year when she claimed them both.Her mother,a paralegal, who does her taxes claims new laws allow her to do this.The way I read the law is divorces pre 2008 can still use their divorce decree without having to use form 8228? Even if she could do this,I see the law also states you have to give the non-custodial parent one years notice in writing before you can claim them on your taxes.Example she notifies me for the 2009 year she can claim 2010.This is causing us many arguements and I would like to resolve this issue.Help!
The terms of your divorce decree/judgment control. You should claim your son as a dependent and attach a copy of your divorce decree/judgment to your tax returns.
i have been divorced since 1997.we have 2 children he claimed one and so did i .its been that way for 13 years now that one is 18 he wants to rotate the other child. i have solo custody of them both.i have already filed my taxes in jan.2010 and now he is stating he is going to claim her too. what do i do ? i have always claimed her .and he hasntpaid one dime in child support this year.
If you have sole custody of your child and your ex husband does not contribute to the child’s support, then you are the parent that is entitled to claim the child as a dependent for tax purposes.
My boyfriend had a son in 2009. We live together and he plans to file as head of household as we meet all the requirements. He does not want to claim him as a dependent because his AGI will not allow him to receive a deduction. Can I still claim my son as a dependent even though he claims head of household?
I just filed my taxes online and it was rejected because it says that my dependent was claimed on someone elses taxes. I found out that my ex claimed our daughter but I have the forms stating that I am the custodial parent and I have the right to claim her because she lives with me. Is there an additional form I have to fill out and submit seperately so I can claim her as a dependent? Thanks
my son’s father lives in CO and we live in NY. He owes me over $4400 in child support. I am the custodial parent. He wants me to claim our son on my income tax and told me that by allowing me to claim our child that will make up for the money he owes me. Is this correct?
My husband attained a divorce without me being present. He not only was able to pay minimal support but add a clause stating that he be able to claim our children on his taxes even though i am the custodial parent and i contribute more than half for their needs. Obviously not being present, i did not sign the decree. How can i legally claim my children and do I have any recourse for the past 4 years?
I am divorced, my x husband lives in California, I live in Louisiana, I claimed my daughter this year on tax return, my x husband says he is going to claim my daughter, I do not want to get audited what do I do now, I have already received my tax refund. I feel I support my daughter just as much as he does
I have a daughter. Her father and I have joint custody. I work and have always had income. He has no income and hasn’t for several years. He has been the one claiming her for the past few years or at least his wife has. They have been married for several year and so have I. I claimed her for my 2009 taxes and he wants to claim her for the 2010 tax year. Can he do this if he has no income? Or can his wife if she is the one with the income in their household?
I have claimed my sons, who don’t live with me, on my taxes for about 4 or 5 years now with their mother verbal permission. Last years tax season (2008) H&R Block did my taxes, as they have for several years now, and I claimed both my sons. Which one lived with me for 6 month the other did not. I got earned income credit for both children. Then the IRS sends me a letter for an audit wanting me to prove that both kids lived with me. Of course I could provide proof for my oldest cause he didn’t live with me but I sent them a copy of his school records and a letter from my youngest sons Doctor stating that my youngest according to their record did live with me. Now the letter was hand written and sign by the doctor so they would not except that as proof. At this time I payed child support directly to the kids mother and we agreed that since one son live with me that I’d only pay half of the court order child support this was from 7/08 through 01/09. She also put down on our receipts that I pay full child support for both kids during this time so that the state wouldn’t charge me for paying only half and I agreed that was fair. Now I’m faced with the IRS wanting their money back plus $1500 self employment tax plus interest cause I have no child to claim for 2008. I haven’t even filed this year cause of the same reason and everything I make is cash and no paper trail. I want to file but if I do I know I’ll just owe more money. My question is can I still claim both kids cause their mother don’t work and will let me claim them for 2008 and 2009 and what do I need to do?
My son is going through a divorce. His wife’s attorney has stated that if he claims one of their two children on his tax return and gets a refund his child support will go up, and even though if she carries both children and gets a large refund, that won’t affect the payments. Is this true in the state of Tn?
Can I still get Earned Income Credit for the one child I can’t claim as a dependent? I have 2 other kids that I’m claiming but I can’t claim my last child as a dependent because my ex is claiming him.
Hello. I have been divorced for 8 years. My ex and I have joint legal custody of our 4 children. I have primary physical custody with my ex having weekly visitation. While I don’t have the specific terms of our divorce decree in front of me, it does state something to the effect that we split the children for tax purposes until they are no longer able to be claimed. My question revolves around whether or not my ex can claim the college-aged children since he was only required to pay support through their high school graduation. If my 2 college aged children receive no support from my ex and they both live with me during the summer and during their college breaks, is he still eligible to claim them on his taxes…or….did his right to claim them end when they graduated from high school and he no longer pays support?
If your college aged children are being financially supported by you and reside with you during school breaks, you are the parent entitled to claim them as dependents for tax purposes. You should review the terms of your divorce decree (judgment) to be sure that you did not reach an agreement otherwise.
my wife and i have been seperated in calif for one year now. we have two children and have 50/50 custody. they lived in both households the same amount of time. she took it upon herself to claim both children on her taxes for 2009 tax year. i did not sign anything to agree to this. is she allowed to do this or will she have to repay me for claiming both children?
Since you did not have an agreement as to which parent would claim the children as dependents and you have equal custody, your wife was able to claim the children for the tax year 2009. I would advise that you sign a written agreement with your wife that you will claim the children as dependents in alternating years; which means you will be entitled to claim them for the tax year 2010.
my sons father claimed him this year for taxes, he hasnt seen my son in five years . and was court orded to pay health insurance. we live in fl he lives in az.my husband has paid health insurance,for my son. do i have a right to fight and report it to irs?
My question is similar to the one above. I have had 50/50 split with my child since me and my wife seperated (There was one month she left the state without permission, and i had to get a court order to get her back here. Im not sure if that would count against me?). She currently claimed our daughter (we have not reached the point to make any tax agreements yet) but when checking the IRS laws i see if 50/50 custody is in place, then the higher AGI will actually be able to claim the child. She did not work for more then half of last year (she got a job for the first time in years in june, at $150 a week) and was even trying to get me for child support in court. Obviously this is going off last years income so i see hers being minimal, barley breaking 5-6k while im way past $10k. Will i be awarded the claim since my total AGI is higher? Could she get in trouble for making that claim?
My divorce settlement states I can claim my son as a dependent on my 2009 federal income tax. My son is 20 and a full time student in Florida. I have provided for most of his living expenses in 2009. During breaks from school, my son spends time with friends, his mother and myself. My tax return was rejected by IRS because his mother claimed him as a dependent. Can you estimate my chance of successfully claiming my son as a dependent, if his mother says he spends more time with her during his time between school semesters?
I have a Tennessee parenting plan that states I must send my ex a copy of my federal return every year. If I file jointly with my current husband, but I have no earned income, do I still have to send copies of our joint federal return to my ex? Also, could you direct me to a credible website that will advise me o the answer as well?
Our Minor son turns 18 and has a settlement from an auto accident that is in Guardianship which his mother is over. What happens when he turns 18? Does the account that is already set up automatically go to him or does a paper need to be filed with the courts. The problem is his mother is trying to withhold the money from him even when he turns 18 and saying until she (the guardian) files a form with the courts the money is not his and she does not plan on doing that when he turns 18
I have a six year old daughter and am divorced. Can my ex husband claim her on his taxes as a dependent and I claim her on Earned Income Credit? We have joint custody.
I have joint custody of my 2 kids and in our court order the kids are split 50/50. There have been times where I have taken the kids on his time over night or take them while he’s working. My ex makes more money than me so now i have to pay back from 2008 and 2009. Is there anyway to prove that I’ve had the boys 51% of the time? Also even though it’s 50/50 I provide everything for them w/out receiving any support from him and i’ve also saved receipts.
ME AND MY EX SIGNED AN AGREEMENT STATING TAHT WE WOULD DTAKE TURNS CLAIMING MY CHILD EVERY YEAR HOWEVER I AM NOW REMARRIED AND MY NEW HUSBAND SUPPORTS HER AND HER FATHER BARELY EVEN SEES HER HE HAS BEEN AUDIED BY THE IRS TWICE NOW I WOULD LIKE TO HAVE THESE PAPERS MADE TO WHERE HE CANT CLAIM HER ANYMORE HOW DO I DO THIS AND CAN I DO THIS
You will have to enter into an agreement with your ex spouse that provides that he can no longer claim the children. If your ex spouse will not agree you will have to obtain a court order.
What would happen in the following situation:
Parents were never legally married – for all of 2009 the parents lived together with the child (2 years old) with one parent (father) providing for the following expenses in their entirety: apartment rent, utilities, telephone, car. However, the mother has refused to supply the father with the social security number for the child. What are the father’s rights?
Whether or not parents are or have been legally married has no effect on each parent’s parental rights. In this case, father should file a motion to establish joint legal and physical custody and to establish a visitation schedule.
After reading the post above I am glad to say at least my divorce decree speaks to who can claim our child on what years. I am in TN. Curious as to your thoughts related to this question. I didn’t see it posted above. My decree states through out the whole document as to the father having certain scheduled times / visitation / holidays etc with the child during even yrs and the mother during odd years. When it speaks to child being claimed as a dependant it say the same thing. Father EVEN years / Mother Odd years. It doesn’t speak to a Even or Odd “TAX” YEAR. This is a even year we are in at the moment . April 2010. We would be filing for a ODD tax year. Since the document doesnt speak to how even and odd applies to a tax year does it make sense that that the father claims the dependant in a EVEN year for a odd tax year and the mother cliams the child in a odd year for a even tax year.? Your thoughts ?
My husband and his ex-girlfriend have a 5 yr old daughter, (Roselyn) he has been claiming her since the day she was born. Her mother (Vivian) does not work, he is an Active Duty member of the Armed Forces and has provided for his daughter every way needed. He never legally paid child support, however, they verbally have agreed to share custody as long as he continues to provide all that she may need. This year her live in boyfriend has claimed Roselyn with so much as asking her biological father. Now I believe both parties are going to be Audited and Investigated. I wanted advice in how to handle this, and is this a case my husband could win?
I look forward to your response, Thank you for your time
Hi my question is as follows. I have a son who is 15 (at home with me mom) and a daughter who is 20 (she no longer lives at home with me mom) there dad and I never were married, and we have not been togethere for 10 years. I always claimed my son and he (dad) always claimed my daughter and we never had anything in writing from the courts stating who claims who ,it was all verbal through the judge that I claim my son and he claims my daughter. Well for the last 5 years We have lived with my Boyfriend who provides for us and I have let him claim my son and I, until my son’s dad last year without telling me decided to claim our son on his 2008 taxs. My son only goes to his dad’s place 4 days every month which is every other weekend so he lives with me and my boyfriend majority of the year. I wanted to know what I can do about this. I was told by someone that he (dad) should have had me sign form 8332 before he filed a claim and he did not do this he just went and filed as fast as he could, we are from NJ. Please any advice would be Greatly appreciated Thank You
My 3 children lived with me more than one – third of the time last year. Yet they all lived with their mother more than half the time. I feel entitled to at least one exewption on my taxes. Last year she agreed to allow me one of the children on my tax return. This year she changed her mind.
I was divorced in 2008 at that time my ex claimed that he wanted to have one of our sons as an exemption as he could not claim his rent. The mediator agreed with him and I have since found out that he can in Massachusetts. They just said I took the older son and he the younger who at the time was a junior in high school. He is in his first year of college now and I cannot claim all his expenses which I paid for. In 2008 my ex was 6,000 in the rears for child support and has not paid anything since he lefft in 07. My accountant feels I need to go back to court to change this and file for an extension. Do I qualify for this to be moderated when in court?
This year is my ex husband (per our agreement) claims both children on his taxes. The children live with me in MA most of the year, they visit their father in TX 3 times a year during school vacations. So I have primary custody. Can I still claim the daycare expences that I paid even though I don’t have my son listed as a dependent? or is there a way to add him as a dependent and not get the child tax credit? Help!
I attained legal physical custody of children on Sept 1, 2009 even though they have lived with me full time for 3 years. Prior agreement said ex could claim both on his taxes. Who claims for 2009?
yes i have a question? i have been married to my wife from 1998 until 2007 where at that time we legally separated, divorce march of 2010.we have five children. the oldest was born before marriage in the year of 1995.i recently decovered that during many of those years, about ten, she has been allowing family members of hers to claim our children in return for a part of their refund.we have had a off and on marriage for the entire duration. many of the years except for about five years,we lived apart. but, she had her owned residents,only 2or 3 years she lived with a relative for part of the year.can she allowed other family memeber to claim the children over me,although we were technical still marry. and also,can family members surpass me as the father. what can i do about this. can i file a amended return to claim my children that was claim by other family member.can i press any type of charges or complaint. i thought this was considered tax fraud.
Hi,
I have a friend who is contemplating the filing of a Chapter 7. He recently completed a divorce in June 2009. This divorce left him with a vast amount of debt to include a foreclosured mortgage, medical bills, and credit card bills. Also, I need to mention that he has two children by two women, both of which he pays child support to. Also, I need to mention, that he has not filed any taxes in a few years. In speaking with various bankruptcy attorneys some have suggested that he file taxes for the missing years and include the social security numbers of the dependent children even though neither child resides with him. Some of the attorneys are stating that this is necessary in order for him to qualify for a chapter 7 bankruptcy and he can deal with the ramifications of using those social security numbers on his taxes down the line. I am concerned about this advice since both mothers claim both children each tax year and this will obviously present an issue. Can you provide some quick reference or advice on this….
I am married but am currently seperated from my wife. she told me to let her claim my daughter from another marriage and that she will give me some of the money. i let her claim my daughter and now she tells me they never gave her the money for claiming my daughter. How can i find out if she is lying to me or if she really did receive the money for her?
Can a parent who does not live with the child but has joint custody claim the children on his taxes if the mother is illegal and cannot claim them? If the mother gives him permission and then gets pissed off because she wants the parent claimng the twins to give her more money on his tax return can he get in trouble with the law
My husband and I are separated. I have primary custody and provide the majority of the financial support. We have 2 children he claimed my son without discussing it with me. Can i still claim him on my taxes
My wife and I are divorced. The divorce took place in Arizona in 2003. I pay child support and medical insurance. The divorce decree states that I can claim the child in odd numbered years. This year my ex-wife claimed our son on her taxes. I called and told her that it was my year. She said that he lives with her and she is claiming him. I told her that per our divorce decree, the judge granted me odd numbered years. I sent a letter and copy of the divorce decree to the IRS. Will the decree help me to get my refund? If so, will she have to repay the money?
Hello, I am soon to be divorced. I was handed 35% custody of my 3 children on Nov. 17th. 2009. There is nothing on court orders YET saying who can claim or not claim or how many etc… So this year my ex wife claimed all 3 kids,,,,my CPA said she cant do that its not legal. Since there are no court orders and I am paying child support, “supporting” then I can claim 1 child she can claim the other 2.( this year or until there are court orders)
Is this true, from what I have read above there seems to be some conflicting responses on this.
Can I legally claim my children on my tax returns. They stay with me on weekends. I pay 25 percent of my income in child support in addition to buying their clothing, class trips, braces etc… My ex wife does not work and has three other children. Her current husband claims all the children. What can I do?
In the case of divorced parents where the mother has primary custody, but does not work, and the father does work while providing child support, can the father legally claim the children as dependents simply because the mother does not work? Thank you.
i have a judgement that states my ex can claim my son every other year. I have claimed my son since he has been born. and now its a fight who is to claim him this year. I pay for my childs school that is about 350.00 a month and the expenses for my son. The daddy just pays me 300.00 a month i just need some advice where to go with this situation. will i get in trouble if i claim my son this year? Thank you very much courtney
I am filing for divorce and the only statment that i do not agree with , is the father claiming the child tax credit on the odd numbered years. I will be the custodial parent and will share joint custody. I do receive child support payments , but the child lives with me full time. I actually makes considerable amount less than my ex husband, and depend on that exceptions yearly? any feedback
so my daughter lives with me 291 days a year my x want to claim her on taxes.. we have a court order saying he can claim her every other year if he is curent in child support.. i recive ssi for my daughter who is disable also i have full custody! can he claim her??
My brother and his Ex share joint legal and physical custody of their daughter. Last year his ex moved out of state for a voluntary military deployment and left her children behind. It was her year to claim the child but the child was never in her custody. Legally, can she claim her?
simple question, i know i can claim my child… but my ex gets government financial support ie. financial aid for daycare food stamps wic…. for the past 3 years (my daughter is 3) my ex has been claiming our daughter. if i claim her next year, will my ex lose her government support?
I am new at this site and have seen many questions asked without a response. It apprears there are many of us custodial moms out there that need answers on how to modify a court order with the non custodial parent claiming dependents that do not live with them, are behind in child support and other expenses, and are unable to claim college exepenses which we have paid for. Are there any laws supporting us to amend this court order?
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My ex and I have four children. About six years ago he walked out and never looked back. When we were together he claimed two children and I claimed two. I tried unsuccessful for years to file my taxes before him so I could claim all four but he always filed first. However this year I filed first and claimed all four children my children have always lived with me. He pays child support but one of the tax questions is if the child has resided with you goo twelve months. He want to file his taxes and was very upset that I claimed all four now he wants to go to court for custody. My question is does he have a legal right. We don’t have a custody agreement right now. But again my children have lived with only me all their life. Please help.
Can I put my 23 yr. old son my medical insurance even though I don’t claim him on taxes? He lives in a different city and is not a student? They don’t offer health care where he works.
My wife and I have not been together since November of 2008 were not divorced nor are we legally sperated. I am in the military and left my permanent duty station of san Diego to mississippi for a period of 5 months April 09 to September 09. I support my wife and 3 year old with 1100$ a month yet now I’m being told that after I have gotten my tax return that she can claim him. We are still not together but no legal action has been taken. Can she still claim him even though she works part time at a minimum wage job? What do I do about this or am I just screwed?
american law defend only money, doesn’t think what could be happened in family. most children live in povrety , most moms don’t care, they only are making business even sell the social. if a mom has 3 children for 3 dads 3 child support come on . the kids are crying help, the momn kick their dads just to make money.
My husband and I separated 3/1/09 and are in the process of divorcing. Without consulting me, he filed the 2009 taxes as jointly, and kept the refund. What can I do? (Our 4 kids live with me.)
My divorce agreement in 1998 stated that my exhusband could claim our son on his taxes and he has done so. In 2007 my exhusband took me to court to remove my son from child support. Is he still entitled to claim him on his taxes? The son lives with me and is 22 years old and a fulltime student. I claimed him this year and my exhusband says that I cannot do this and has reported me to the IRS. Any advice is appreciated.
My ex-husband and I have 2 children. In mediation when going thru our divorce, I agreed to let him claim one child on his taxes and I claim our other child. Due to certain circumstances, I requested the courts to overturn that and I would now like to claim both children. Is there any laws to support my request?
I have been married 10 yrs and divorced 8 yrs now.I have a 14 yr old son that I am the primary care taker of.I pay for his $8k private school,clothing,food,and his entertainment.Hes my pride and joy.i have joint custody and my ex doesnt even pay $500 child support which hes mandated to pay.He tries every year to claim my sons tax credit which he is not entitled too.the irs gave him my check and i need to show proof every year .Is this fraud and can i put him in jail?Can i make him stop this?
Unless there is a court order or agreement granting father the right to claim your son as a dependent on his tax returns, the parent who has primary physical custody or the majority of custodial time should claim your son as a dependent.
wondering since my sons mom does not work…can her new husband claim my son on taxes…She refuses to let me? It doesnt say anything in our serperation papers on the subject…but she doesnt even work???
I have received a letter from my ex’s attorney. She is looking for compensation for medical bills for 5 1/2 years for my son. I have always paid for child support and was paying for his medical insurance until 2003 when I changed jobs and could not get health insurance through my employer. I have since opened my own company and again have to pay health insurance in full if I want it. She is looking for compensation from 2003 until 2007. What are my legal rights and should I seek an attorney for myself?
Athan, You are responsible for your child’s insurance even if you work for yourself. You have a to take a policy on the child and pay half his medical expenses that the ins. does not cover, no exceptions and judges are not sympathetic to you about being self employed.
Could this possibly be more unfair to the parent paying child support where the other parent has no income? “Dependent” in non-IRS usage means the children depend on me to provide all of the money they need, yet because they don’t live with me, but do live with their deadbeat mother, I can’t claim them as dependents? If I can’t claim them as dependents then they must not depend on me for their expenses, right? But they do. How can anyone justify this?
My daughter was born 6/13/09. My girlfriend and I lived together from 6/12/09 date through 12/31/09. My girlfriend works full time and I work part time so I have been the babys main caregiver. In January she announces to me that she claimed the baby on her taxes as head of household for 2009 and was getting a huge refund and I deserved none of it because she was the one that worked although we did not have a sitter as I was the primary caregiver. Can she do that without my permission? I felt helpless and did not make a complaint and did my tax return for 2009 without claiming the child. I have proof that we lived together that entire time. Can you give me some advice? I have been thinking of filing a complaint about it.
My ex husband & I have a separation agreement wherein we agreed I would claim our son (now 17) and he would claim our daughter (now 18) on taxes, “until the issue is resolved, if need be, by a court of competent jurisdiction.” The agreement did not specify an age of the children when this would cease. We had shared custody, so no support was paid either way. He has now announced he is not going to pay anything towards the 18 year old’s college expenses (she just graduated from H.S.) When I said that I should then be able to claim her as my dependent, and get the benefit of the tuition I will be paying for her college, he said that I couldn’t because the agreement said otherwise. We live in VA. How long does the separation agreement (which was incorporated into the divorce decree) remain in effect for purposes of the dependency claim? Is there any way I would be able to claim her tuition expenses even if he doesn’t allow me to claim her as a dependent?
I am 18 years old and have always lived with my mother. I started working November last year (part time) for some side cash. I do not talk to my father and we do not have a good relationship. My mother (has full custody) did not claim me because she wanted me to claim myself so i get my own money back in tax returns. My father instead claimed me and took my tax return money (he pays child support, his 2nd year paying). It is now late June and i’ve been working for over 6 months and my mom helps out with finances. I have recently left my job to spend the summer with her and my family before i leave to basic training in october. From then on I will be living by myself and my mom will stop the child support right before I leave in october. I am worried he will try to claim me again. This time it’ll be much more money. Will he be able to claim me or will I be able to claim myself? (I live in the state of New Jersey).
I have shared parental responsibility of my son however per our settlement agreement, I am to provide primary physical care. The agreement also states that I shall claim the tax dependency related to the minors care however for the last two years my ex-husband has kept our son greater than 70% of the year. I have claimed him the last two years but I am concerned he will file to amend that past two years. He just won primary and I have lost child support benefits. Can he amend the past two years returns? Can he use the same proof he supplied in court (school documents, visitation calendar) to validate his claim without my signature or knowledge? Thanks!
My wife and I were divorced in January (in Idaho) and my son is 16. I am paying $1250/month in child support (which I feel is excessive), and am also paying the mortage (1600/month) on the house in which my ex-wife and son are living. My monthly income is just 3100/month while my wife’s is 2500/month. She pays nothing to me.
Please advise me on what a more equitable child support payment should be based upon the above information.
If I have interference with the mother on the weekend that I am to have my child what should I do. He now does not want to come because I have rules and he is 15. He is allowed to do anything at his mothers home.
Me and my wife separated in 2009 around tax time when we were to file our 2008 taxes jointly. I lived all year at home with my wife and kids in 2008 and provided more than half of my kids support. My wife ended up filing the 2008 return separately without my knowledge. Now that I am filing my 2008 taxes now separately do I have a right to claim my kids as dependents since my wife denied me the opportunity to claim all or some of my kids or at least file jointly.
Being seperated from my husband almost 2 yrs now with very little help with our daughter… He lost his job and filed for unemployment and is now wanting to add our child as a dependent so he can “make more money to help”. I clm her on taxes and I take care of her every need… I do not, first of all, want to give him the SSN he is asking for and I don’t think it sounds very legal for him to clm her for unemployment and she doesn’t even see him but once maybe twice a week…
If i have the right to claim one of my children as a dependant, and all rights as a dependant, beacause we agreed on that in the divorce decree, can i claim that child for head of household if the child lives with her mother more than she lives with me.
I live in North Carolina, I was told by my ex-husband that I could not claim our son on income taxes if I collected Child Support from him. We have equal shared custody. Is this correct?
I had to move in with my four year old son’s father last year as I lost my job and am just about to run out of unemployment. We are NOT a couple, we live as roommates (and w/ babydaddy’s brother too). We never went thru the courts and he out of the picture the first year, in and out the second year, but eventually he did pay me support but no proof through courts as I said. I want to make sure he doesn’t claim my son on taxes as he has much more money, is in school, while i am disabled and have nothing. I also am with my son almost ALL of the time, and all me and my exes expenses are separated (we split food costs, etc for our son though like I said the daily care is usually up to me). How can I make sure he can’t claim our son?
Hello I have a 2 year old daughter and I have been a stay at home mom mostly since she was born. She gets ssi which provides what she needs on a daily basis. I live at home with my mother. My daughter has lived with me since she left the hospital. Her dad doesn’t provide half her support and she has never even stayed with him one day and night. This year I had my mother claim her after he had already done so. They both received funds. I do not consent to him claiming her. Because I did not have income for the year I had my mother claim her. Will they both have to repay? Will I have to report it to the irs?
my step son turned 21 in may 2010. as per my wifes divorce agreement her exhusband no longer has to pay childsupport or provide health insurance once son turns 21. Son has always resided with us (mom) and his father always claimed him on his taxes. my question is since for 5 months of 2010 my step sons father was paying child support who gets to claim him for 2010?? or do we split it , how does it work we live in ny
thanks
My child’s father claimed him for 2 years now & I have custody of him… I’m just wondering how could they have allowed him to claim my child if I didn’t sign any form & it is not in the child custody/ support decree?? I did report him to the IRS by sending in a form though I did not know his full ss# at the time, but I did not receive anything back & nothing has been done. How can I prevent this from happening again. I have lived with my fiance for 1 yr & a half now & he supports myself & my son & our 2 month old daughter now. He does so much to support us so I think we should have the right to claim my son in our income tax return. Also, what can I do about the income that my child’s father has received from claiming him without having to hire an expesive attorney?
My husband and i split October 1. He refused to file taxes with me. How should we have filed are taxes. He filed head of household, claimed our new house, and our children. I have the kids and he has not paid any child support nor does he see his kids. I also paid for their child care the entire year since he said if i didnt i could not work.
my ex wife does and has not worked in the past year we have one child together i pay child support, can she still claim our daughter for tax money even if she hasnt workd at all?
I have two kids, One is 20 yrs old and a full time student and the other is 15 in high school. Neither one live with me. 20 yr old with her grandparents close by so she can help them out and pay for college and the other lives with his dad. We have joint custody and I pay $550. per month to him because my son didnt want to move from Dallas to Houston with me when I took a job here. Can I claim either one of them as an exemption?
Hi,
I entered into a divorce stipulation which reads that the husband can claim all three of his children. I would have sold my soul just to have him sign the divorce papers. Well now my daughter is 18 and has been living with me for the past 3 years. She started working but only a summer job. She will enter college in Sept. Full time student. My question is although he has a legal document (divorce stipulation) it does not state how long he can claim the children. Can I claim her for the tax year 2010? I just won child support which started July 1, 2010. That just happens to be my daughters birthday (18). She does not make enough to claim her self and I feel he does not deserve to claim her. What is my legal rights since the stip was vague and it never said how many years he could claim her…..HELP!
I have been separated for the past 3 years and I have finally filed for divorce, during those 3 years i have claimed my 2 child on taxes. My ex states the courts will grant him 1 of the children to claim on taxes, he owes more then $3,000 in child support, takes the 4 nights a month if he takes them was recently sent to rehab for a drug problem does not interact with childrens schoold dr’s appts anything, i pay for he roof over there head, food on the table clothes on there back they have the things they need and it not provided by the father. my question is since he is in the arrears for taxes will the court grant him the right to claim 1 of them?
My ex and I share our child in a 50/50 custody arrangement. He stays with me one week and his dad the next. We live in Pa and I pay his dad child support of $450 a month (based on our combined income). This last year, his dad and I both claimed him on our taxes. According to the IRS tie breaker, it falls down to who has the highest AGI. His dad has remarried and his AGI on the tax return reflects his new wife’s income. My question is does the IRS include her income and thus give the exemption to his dad. I don’t think it would be right that one government agency (Pa state) does not include the new spouses income for calculating child support and then another government agency (IRS) include it for exemption purposes….
Me and my wife are separated and have a daughter, I pay over 700 dollars a month for food and clothing for my baby. Can she claim our child on her taxes without my consent and not share the earnings she gets?
I am the non custodial parent of my 23 year old daughter. In 2009 I claimed her on my taxes and she is on my health insurance as well. In November of 2009 my daughter purchased a home with my ex-wife. This places her on the deed as co-owner of the home.
My question is, can I still claim her as a dependent on my Federal Tax Return for the year 2010? This is of importance, because I would like to continue to carry her on my employer’s health insurance plan.
I was the sole care taker of my son,he never lived with his father.his father never gave him his last name untikl he was 10.how do i find out if he claimed him without me knowing.
My ex husband and I have joint custody. We live in Missouri and after the decree with the children ordered to live with me and see him every other weekend and one evening a week my ex husband moved where we origionally from, California. He has seen them once in a year. The judge had said he could claim them. I have asked him to let me claim them to help me care for them but he refuses. What can I do? I have 5 children. My two oldest boys are now living with my ex’s parents along with him. No rules with my husband and my boys are allowed to do whatever they want. For boys 17 and 18 they love no rules and hanging with their dad and being able to smoke, drink and whatever else. Anyway is there anything I can do?
IS THERE SUCH A THING THAT ONE HAVE MADE TO MUCH MONEY, TO CARRY A DEPENDENT? WHAT IS TO MUCH MONEY? I HEARD THAT SOMEONE CARRIED THEIR DAUGHTER, HIM AND TH WIFE ARE DIVORCED. THE EX WIFE GAVE HIM PERMISSION TO CARRY THE DAUGHTER ON HIS TAX RETURN, BUT AFTER HE FILED, HE WAS TOLD THAT HE MADE TOO MUCH MONEY TO CARRY A DEPENDENT. IS THERE ANY SUCH THING AS MAKING TOO MUCH MONEY TO CARRY A DEPENDENT?
if the non-custodial parent is court ordered to carry the heath insurance and the kids DO NOT live w/them or see them can they claim the kids on their tax return?
My husband has a signed 8332 form from his ex-wife. Original divorce decree does not designate who claims the 2 children so he claimed one and she claimed one until she got the child support upped where he pays 80% of the support, agreement was he claims both for 3 yrs(one turned 18) and she gets the one for the last yr they can be claimed. Mother threatened to claim the children in 2008 since she stated he was in arrears(husband had an overpymt). Now receiving a letter for IRS that she did clm children and we need to prove our dependents. How is it determined if a parent is in the arrears and cannot claim the exemption? Does this have to go to a court or does the IRS conduct the determination? When adjusting support to take one child off, adjustment was made for the overpayment but my husband also let her have an extra 700.00 which was listed by the Child support officer as arrears for 3/07. Can the IRS use this to state we cannot have the exemptions and then we would have to go to court to prove it was not arrears?
What do u think the outcome would be in court about my sons situation? He has recently left his girlfriend, they were never married, they have two kids together. She is on Social Security/ Disability, when my son works, she is taking my son back to court to update the child support that has already been established about two years ago. She is asking for $100/ week and also half of his income tax, so do you think she will get what she is asking for or, is it unreasonable? Also she told him if she doesn’t get what she is asking for then he won’t be able to claim his children, can she deny my son to claim his children when she don’t work?
Husband and I are divorcing after 22 years. I have been stay-at-home mom, and he has worked and provided the health insurance through his work to our family. I will go on COBRA after the divorce. The kids are full-time college students (19 and 21 years-old). The kids live with me when they are not at school.
My husband says that he MUST take them as dependents upon his taxes, because they are dependents on his health plan at work.
Is this true, or can we each take one kid as a dependent on our taxes?
My boyfriends mother claimed him even though he lived with me for 5 months and before that he stayed mostly with his father and only lived with her a couple days a week, she didn’t buy food for him most of the year because he was always either at work or at his fathers house. If she already claimed him and received the money is there a form to fill out against her and get that money back? We live in MA and he was 18 when she claimed him.
My question is for a friend who has a19 yr. old daughter doesn’t work or go to school. Father has custody all the years. Now daughter calls and tells me boyfriends mother is claiming her states she lives there wrong resides with father but comes an goes when she wants aunts godmother boyfriend friends etc. father has the right to claim her but boyfriends mother already did what can he do to get her to pay for doing this the daughter would do anything the boyfriends tells her to do.. Help this father please …..
My daughter is 11, and has been in Arisona with me for 54 days and is supposed to return to Michigan, she doen’t want to return to Michigan wants to live in Arizona with me. I have Joint legal custody and shared physical with the mother having primary residence. what can I do to keep her in Arizona
My daughter is a full time student. She came home last year for about 2 months total and lived some time with me and some time with my husband ( we have been separated for 9 years). He pays for her college expenses. Can he legally claim her as a dependent? She is 21 years old.
I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his.
I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his. I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his. Cancel
My son’s father and I have never been married. For the last two years we have done the “joint custody” (biweekly) verbal agreement and we have never been to court. Every time my son goes to his father’s something comes up and he comes home (to me) early. I have claimed our son on my taxes each year because of this and because he hasn’t had a job since I was pregnant. This year his father stated that he is going to claim our son no matter what, because it is first come first serve. I disagree with this because he hasn’t been great about getting our son every other week as we agreed previously. In fact, he only saw our son a total of 23 hours for the month of August. My question is, how can I prevent him from claiming him when he clearly hasn’t provided anything for our son? What can I do to keep him from gaining from his dishonesty? I can’t afford a lawyer… I just lost my job and Im currently a full time student… Do I have any other options.
It is stated in my divorce decree that my ex can claim our two children as dependents (they do not live with him) with the exception” that I shall have the right to claim the children as dependents for any year that HE cannot claim the children due to IRS regulations.” What exactly are these regulations? Do I have a right to claim them instead of him?
Hi!
I am the biological father of my daughter(we never been married with mother of my daughter). Now the mother of my daughter returned to her husband and lives with him. Our daughter (10 months old) lives with mother’s grandparents in another country (not US). Now she and her husband want to claim my daughter on their tax return though they have not sent any money and my daughter does not live with them. I was sending money overseas half of the year, then they refused to take money from me I guess so that I do not have rights to claim.
my question is: can theyl legally claim my daughter on their tax return even if daughter does not live with them neither with me and there is no custodial agreement?
me and my husband are seperated not legally but seperated. we have a daughter and she stays a week with me and a week with him. i have claimed her on food stamps and medical and he has recently done the same. will my benefits be effected. and is anything going to happen legally? ( the people at the food stamp department doesnt know she lives off and on)
I am the non-custodial parent and have joint custody. In the divorce decree it is stated that I am allowed to claim both of our sons every year beginnign this next tax season. My ex-wife is the custodial parent, but has outstanding education loans and her refund always gets garnished and paid towards those debts, thus we decided that I would claim the boys. There are no stipulations that I have to give her any percent of the refund.
I am about to move from Ga, where she and the boys live also, to Texas with my new wife. What problems will this create for me, because they will be living with her more than me, yet over half of their support will be from me, because she does not work. She receives support from her previous Ex for the son she has with him also.
My ex- girlfriend and I have a son together who will be 10 in December. We have joint custody of him. She has not worked at all this year. She has strickly been relying on my child support, welfare, food stamps, and her parents. Her husband does work, but he’s a cook, so he doesn’t make much. Since our son has been born my ex’s father has been claiming my son. They have lived with her parents off and on for several years. This year I want to claim him, but she does not want me to. In our agreement it does say that she gets to claim him. My question is if she is not claiming him and her father is, shouldn’t I have rights to my son before he does? I do supply half of the support. Will I get into any trouble for claiming him against her will? Is there anything I can do to have rights to claim him? Is it even legal for my son’s grandfather to claim him if he has not been providing half the support and he has not lived there for mor than a few months?
So taxes are coming up? I have a son and he is with me 50% of the time. The other he spends with his mom. Her and I are not together, so am I able to declare him. He is 1 1/2 years old and she claimed him last year, and I am planning on doing so for next year. My concern is this though All his papers for example, doctor appintments,birth certificate,etc have him living with her. The only thing I myself have that I recieve in the mail to show prove that he lives with me under my address is a copy of a Bank statement that I opend up an account for him. So please let me know thanks……
My friend is on public assistance in NY and is not allowed to claim her children for taxes at the end of the year. She would like for me to claim them. Is this legal?
My ex husband is claiming our baby as his dependant, i didnt know this and i am claiming her to as my dependant. the baby lives with me she is 9 months now she has always lived with me, he doesnt pay child support and he has NEVER helped the baby at all. I need to know if it is legal for him to claim her and what can i do to stop him from doing this.
My ex has physical custody of our daughter. Since she hasn’t worked all year and the rest of the year. Can I legally claim her during tax season next year. Thank you.
I need some info about claiming my four children…I’m separated for almost 5years now…my kids go to their dad every other weekend and yes his paying child support for 4 kids in the amount of 650 per month…this past years i’ve been claiming all four and now he decided to claim 2 of them so he doesn’t have to pay any back taxes….i wanted to know if he can claim 2 or not. People tell me he can’t because he hardly sees the kids even though he is paying child support. So, yes I’m confused about it. I tried talking to tax people here in Hawaii and no one can give me a straight answer. Thanks, Nadine.
Generally, the parent with the majority of custodial time is entitled to claim the children as dependents on their tax returns.
Parents may agree in writing that the parent with lesser custodial time will claim the children. You may want to be sure that you did not previously agree in writing that father can take two of the children as deductions.
For more information about specific tax laws, you should contact an accountant, or check Hawaii’s state website for its tax laws.
can i claim my son even if i don’t live with him? And will the mother find out?
If you are not custodial parent (the parent with the majority of custodial time) you will need the custodial parent to sign IRS Form 8332 permitting you to claim your child as a dependent on your tax returns.
You would have to provide him with form 8332 in order for him to claim the exemptions/dependents. Otherwise the custodial parent gets them. Go to IRS.gov for more information.
I was wondering if I am the only one to work and my kids mother dosn’t work is their some kind of way I can file my kids during the tax season I also do pay child support and what can I do to make this happen
The parent with more custodial time is entitled to claim the child(ren) as dependents on their Federal and State tax returns. If you are not the parent with the majority of custodial time but want to claim the child(ren) as dependents, you can enter into a written agreement with the other parent which provides that you can claim the children as dependents. You will need to attach a copy of this agreement to your tax returns. If the children’s mother does not work she may be amenable to this agreement since claiming the child(ren) as dependents does not really provide her with any tax benefit if she has no income.
That is absolutely NOT TRUE! There are plenty of divorced people (with children) that have all sorts of different arrangements (per their divorce decree) regarding how their child/children can be claimed. For instance… My Husband and his ex wife claim all 3 children bi-annually, one year she gets to claim them and then they alternate… He has almost 50% custody (she has a tad more time and is considered their primary guardian, their Dad has Join, Legal/Physical Custody. So you cannot be giving out this kind of information to people when it is in fact not 100% true.
I have the same situation as William. My ex has no income; however, I already claimed my children. I did not have the 8332 because their mother and I do not get along. I got an IRS notice that someone else claimed them (her parents). They do not live with her parents. Can she sign over the exemption to them? Will I have to repay the refund? I was the children’s sole source of support through child support and additional contributions (food, clothing, diapers, a car, and cash) that I did not keep receipts for.
Your ex’s parents cannot legally claim the children as dependents if the children do not reside with them. The parent with the majority of custodial time is the person entitled to the dependency exemptions. If you are not the parent with the majority (more than 50%) of custodial time then you cannot claim the children as dependents unless you have a signed IRS Form 8332 (as mentioned in the article above) that entitles you to the exemption.
I appreciate the legal opinion, Monica, but repeating the rules without pointing out the outrageous injustice makes you seem cold or even anti-male. The IRS has changed the definition of “dependent” to mean something other than the common, recognized usage in English.
What is the IRS thinking by not allowing a noncustodial parent who pays more than $5000 a year claim a child as an exemption? Sure, the child may be spending more custodial time with the custodial parent, but that may have nothing much to do with money coming out of the custodial parents paycheck or other income besides the child support that the noncustodial parent is paying. It’s what child support is for; to take care of the child. If the custodial parent’s income was sufficient, it wouldn’t be neccessary. If it is sufficient, then more than likely, what the custodial parent could be putting towards the child/children is going towards a new pair of shoes or something. Along with so many other weird things that are going on with our government right now, this is just another one of those poorly or non thought out decisions made. It’s stupid. Let the one paying the child support claim the child. Having to ask the custodial parent for an 8332, or whatever that form # is, is hateful as well, since there is an %85 chance that most parents aren’t even speaking to each other at this point, and the custodial parent will just use this as another opportunity to be vengeful or aggravating, which could lead to anything undesirable. I really don’t feel that the IRS made an effort to put much thought into this. It’s enought to make you want to leave the country and never look back.
I don’t think she is anti-male, the same rules apply if the father has custody. As far as it not being fair that the noncustodial parent cannot claim the child when they provide more support, there are other factors. I think the main idea is that it helps the custodial parent provide more for the child, instead of the parent pocketing the money the child is more likely to receive support from it. It is your duty to provide for your child, not the irs and many parent (male or female) do not want to provide more to their ex than they have to.
Hello,
I have a daughter that is 22 years old and she is a full time student and she works. Her gross income exceed 3500 for this year. Can I still claim her as my dependent?
Also, can she claim file her own return if i claim her as a dependent?
Hi, Lily. The answers to your questions are dictated by the IRS tax laws, rather than family law, so I would recommend you consult a tax adviser or check the IRS website.
Because your daughter is under 24 and a full time student her income level is irrelevant because the child dependent rules apply. For you to claim your daughter she must live with you for more than half the year (a dorm room counts as long as her permenant address is at your home) and she must not provide more than half of her own support. If these conditions are all met you can claim her. If she is claimed by you or someone else she may still have to file her taxes but she will not be able to claim a personal exemption on her return and her standard deduction is limited to the lesser of her earned income or $5800.
My ex-husband is calling me after 13 years of being divorced and is asking me for my daughters SS# he claims it’s for work purposes but I have a feeling he is trying to claim her on his taxes seeing he is recently divorced again and he can no longer claim his new ex-wifes children. How is the IRS going to know he is the non-custodial parent and how am I t be sure he is not going to forge my name on the release form to get the tax return. He claims if I do not give him the SS# he is going to go get it from the SS office can I stop this from happening? Please answer ASAP. Thank you
There is nothing you can do to prevent your ex-husband from unlawfully claiming your daughters as dependents on his tax returns. If two parents claim the children then the IRS will assess penalties against the parent who did so unlawfully.
If you are the custodial parent and have not signed IRS Form 8332 permitting your ex-husband to claim the children, then you may lawfully claim the children as dependents on your tax returns.
Yes, but what steps does the custodial parent have to take? Report them tho IRS? Then go through an audit? Or what? I haven’t filed successfully because he (the non-custodial parent quickly claimed her thru H&R Block , who didnt think to ask him for that form I was supposed to sign inorder to allow him to claim our child. He just claimed head of household, claimed our child and never mentioned any custody agreement and they apparently didn’t ask. nd then told me , “OOpps ! You’re going to be mad at me.” So he says at the time that he will do a voluntary ammendment to unclaim her so that I can claim her because he totally is in the wrong. I made plenty of income to claim her and she lives with me BY FAR the majority of the time, I couldve gotten close to $5,000.00 claiming my child, but with him having already spent his IRS money he made by claiming her unlawfully, I can only get $600.00 becauseour daughters social sends up a red flag since she’s already been claimed, and I get denied, I am going to call the irs Mondya to find out but stumbled upon your web site do thought I’d ask while I can. He, by the way, has not kept our deal. He has not filed a voluntary amendment and I’ve been patient and nice for too long. He wasted no time taking my money but seems to not be able to get off his lazy buns to go right his wrong. So I’m sick of waiting and I’m going to do whatever it takes to get back what I consider the money he stole from me. He also used that money to pay off his probation fines. Crimes He committed before I ever knew him. So in reality- I paid off his fines. I doubt his po or judge wud like to know those fines were paid off with money he stole from me and defrauded the government.
WHAT IF I HAVENT SIGNED AN 8332 , BUT I AM THE CUSTODIAL PARENT AND HE ONLY HAS HER TWO WEEKENDS A MONTH ? I WAS TOLD TO FILE ANYWAYS BECUASE I HAVENT SIGNED THAT FORM BUT THE PARENTING PLAN SAYS HE GETS TO CLAIM HER TWO YEARS IN A ROW STARTING THIS YEAR I CLAIM HER ONE , I DID SIGN THAT AT MY LAWYERS ADVICE…WHO IS NO LONGER ON THE CASE I MAKE LESS BUT HE OWNS HIS OWN BUSINESS AND ON THE TAX FORMS IT SAYS HE GROSSES 120,000.00 BUT DUE TO EXSPENSES ONLY TOOK HOME 10,000.00 SO WILL I BE INTROUBLE WITH THE COURT IF I CLAIM HER ? THE IRS SAYS W OUT THAT FORM BECUASE SHE DOESNT LIOVE W HIM ITS NOT LEGAL..IM CONFUSED WHOSE RIGHT THE COURT OR THE IRS ? AND HOW COULD THE COURT PUNISH ME IF IM WRONG ?
My daughter has the same problem. She agreed to allow her ex to claim one child and she would claim one child in the orginal legal seperation agreement in September 2009, at that time she was in VA, BUT, circumstances have changed, in June of 2010 she moved to SC from VA with permission from a court order to live with me. I now want to claim the two children and my daughter exemptions as the ex only pays mininum support. The ex still wants to claim one child. NOW, the simple answer is the IRS will give me the exemptions because my daughter is going to school and I pay the majority of the support for all three, and have a higher income than the father. However, we have go back to court to get the order changed by filing a motion to amend the orginal order or she could be found in contempt of court as I understand it for not supplying the husband with the Form 8332. It is a grey area but if in doubt, go back to court and hope the judge will rule in your favor.
My husband & I have been legally seperated since Sept.09. In 2010 we filed jointly. This year I filed Head of household & claimed both, since I am the custodial parent in our temporary agreement. He does not get our two children on any regular basis or really spend time with them. We go for our final hearing on the 28th of this month. I have never agreed to let him claim one of the kids & it is no where in our temporary agreement from when we went to court in March of 2010. Did I have to wait until our divorce was final to file & will a judge make me agree to let him claim them if he hardly ever sees them? He makes twice what I do and is not helping out with any extra activites financially only paying child support, which is not much for 2 children. In SC sports, dance fees, etc are not included in child support nor does the court require them to help with these. I have kept them involved in these activites to maintain as much normallacy as I can for them. He does nothing.
My husband is paying close to $800 a month for his two kids.The mother of his two kids now have for kids.For the past yr,she has been letting a friend and other family member claimed the kids.I want to know if there’s something we could do about it situation?
The parent with the majority of custodial time is entitled to claim the children as dependents unless there is a written agreement between the parties otherwise.
If friends or other family members are claiming the children as dependents on their tax returns and they do not have custody of the children for the majority of time then they are are taking unlawful deductions and can be fined by the Internal Revenue Service.
I have a divorce settlement which allows me to deduct one child on my income taxes and my ex-wife to deduct one child on her income taxes and alternate the third child every other year, as long as she is W2 salary employed and my child support obligations are payed, which it is and I currently pay more than my state requirements in child support.
My ex is threatening to file her taxes claiming all three deductions and that it is my IRS problem not hers. At decree entry, my attorney did not have her sign IRS form 8332. My question is can she get away with this and what do I need to do. Is this a civil matter? or do I need to get a tax attorney.
I suggest that you consult with your tax return preparer. Generally, I would advise that you take the deductions permitted under the settlement agreement and attach a copy of the settlement agreement to your tax return.
This is contradictory. First, you say that the parent who has the child more than fifty percent of the year can claim that child as a dependent despite an original divorce decree of alternate year claiming. (Unless of course the custodial parent signs or signed a 8332 form). Here you’re advising this gentleman to send a copy of the original settlement agreement with his W2’s. Which is it?
I agree. Since the 501 publication clearly says that divorce decrees cannot be mailed with the return post 2008, this would do the person no good. The IRS does not care what the agreements are. The custodial parent is defined as the parent with whom the child spent the most nights. Your X can still file a civil suit and you can be held in contempt of court if you do not comply with the divorce papers or other court ordered agreement. Hopefully this will not happen.
Jay,
I would agree with Monica on this one. According to my divorce decree,I have the right to claim my child as long as my support is current for the year in which I want to claim her. My ex claimed her each year after the first year we divorced and when I went to file, the red flag came up that she had already been claimed, so I attached the divorce decree per instructions from my tax preparer and I have gotten the claim approved each year for the past 4 years.
This only applies if the divorce agreement was before 2008. After 2008, the rule changed. You can go to IRS.GOV and look at publication 501 on about page 12-15
My question is, if I paid child support for my child providing more than half his financial support for the year, do I have the right to claim him on my income taxes if he lives with his mother who does not provide even half of his support?
Hi, Thomas. If you’re divorced, then Monica’s first two comments explain which parent has the right to claim a child on his/her tax returns (it’s dictated by your custody agreement, rather than how much financial support you provide.)
what if it not addressed in your custody agreement?
Soi had a one night stand with a girl & she had my baby i pay child support but she does not let me see my child. can i do something? and also can i claim my child on my income since i work & am paying child support…the mother of my child does not work she is still in high school.
If you would like to have visitation with your child and you cannot reach an agreement with mother you or your atorney must file a motion in court requesting visitation.
The parent with the majority of custodial time is entitled to claim the child as a dependent unless there is a written agreement between the parties otherwise.
Hi,
I have one question, My sons father would like to claim my son on his taxes, but he still owes back child support, in the child support order he is able to claim my son every even odd year, if he does not owe back child support. He Still owe back child support what can i do to make sure he can not claim him?
Help
Thank you
If your child support order provides that father cannot claim your son as a dependent in odd numbered years if he owes child support, then you are able to claim your son as a dependent.
Be sure to review the order carefully to ensure that this is what the order provides. You will also want to include a copy of the order with your return and an explanation that father owes child support, thus you are entitled to take the deduction for that year.
Here is my question. My soon to be ex and I have lived together for most of the year, we lived with my mother when we didn’t live here. He works and I don’t. He pays the electric bill and that’s it. When we need diapers and wipes, he will ask his mother or I will have to ask mine. I did have some money saved up which paid for a majority of the necessities that my children and I needed. His mother also pays the house taxes and the insurance ans taxes on his car. What I am wondering is, can my mother claim my children on her taxes? I know that if he claims the taxes they will be gone he will have nothing to show for it. I would like to get the money back and pay his mother what is owed, I will also be moving out soon and could use it for living expenses. We are not married by the way. He is threatening that if anyone but him claims the children he will have them thrown in jail. My thing is, he barely even supports them, he pays the electric bill and that is absolutely it. He won’t even do so much as change a diaper or buy any for that matter. So would I get in trouble if my mother claims my children?
Hey Krissie I’m having the same exact problem. Has yours been solve yet?
The parent or person with the majority of custodial time is entitled to claim the children as dependents.
My soon to be ex wife and I separated on July 20th. She filed papers on August 7th. We do not have a separation order or a divorce decree. Only a temporary parenting plan signed by a chancellor. She went and filed married separate and got a 2000 dollar refund. I am now stuck with a 6900 dollar liability. Is this legal?
I have custody of my little girl by court papers and her mom had standard visitation but my daughter wanted to stay with her mom so I have let her most of the year (over half). I still pay for her health and dental insurance. Now her mom’s live in boyfriend has claimed her on taxes. Is that legal even though I have full legal custody in the court papers and taxes are not addressed in them.deR
I am divorced with two children, and I have primary custody of them. They see their mother every other weekend. My divorce decree states that if my ex does not pay all of her child support for the tax year 2009, she cannot claim one of our children on her 2009 taxes. Her support was due on December 28, and has not yet been paid. My question is, does that mean that if the support is not received by December 31, it has not been paid for that tax year? Is there a certain cutoff date that applies?
Unless your Judgment specifies otherwise, you may assume that the end of the 2009 tax year is December 31, 2009.
my husbands exwife is trying to say that she will claim their son on this years taxes when in their divorce decree they agreed that they would alternate years that they would claim him. It is my husbands year to claim his son and this will also be the first year that he and I file as a married couple. Yes she is the custodal parent but that decree in their divorce papers override the fact that she can claim him right????
The terms of the agreement control. You and your husband should claim his son as a dependent this year as set forth in the agreement. You should also attach a copy of the agreement to your tax return.
Hi Jessica – Was just wondering if you ever got this resolved? Did you have to fight it through the IRS? I am going through the same thing now with my husband and his ex-wife. The exact same scenario except when we went to file our taxes this week (late) they rejected it saying that his ex already claimed their son. It’s my husbands turn this year according to their divorce agreement to claim him.
Hi Jessica – Was wondering what was the outcome of your tax issue? I am going through the exact same thing with my husband and his ex. Except she already filed her taxes and claimed him. We did ours late and when we submitted our return they rejected it saying that his son was already claimed!
Thanks!
Hello, reading through the above messages I’m pretty sure I know what I need to do but just want to make sure. I have 2 children of which I pay support for. Their mother is the custodial parent however she had no income whatsoever and claiming either of the two would be pointless. According to our decree, we each claim one of the children unless she has no income then I am entitled to claim both children. Since this is in the decree do i still need to have her sign a IRS form 8332? Lastly, when filing my tax paperwork what do I indicate is the time spent living in my household?
Yes, your ex spouse needs to sign IRS form 8332. Your tax paperwork should indicate that actual time the children spend in your household.
Hey Monica I have a question I’m 22 years old and I have a daughter that is 11 months old. I’m a stay home mom & I stay with my parents for now until I get on my feet. I’m unemployed. I never been marry but I recently got separated from my ex boyfriend. We lived with for 10 months after her birth all that he really provide for her is a place to stay & diapers & wipes my family has help me on everything crib,clothes,shoes,car seat,etc,etc for my daugther. Now that I left can he claim her in his tax return? I live in Illinois and he stays in Minnesota my daughter was born in Mn too.
In order for a person to claim a child as a dependent on his or her tax return, that person must be a parent or qualifying relative.
Hello. My husband and I have been divorced for 2 years. He is obligated to continue paying for my son’s health insurance through his work but is still paying for mine as well. Is there a tax advantage for him in doing this?
The cost of some health care plan premiums are deductible expenses. Whether your ex spouse is able to deduct the cost of health insurance premiums he pays for you and your son depends on the type of health insurance plan.
would my fiance benefit more if he filed as single or as head of household and claimed both me and my son?
If the custodial parent is self employed and does not pay taxes does that mean that the noncustodial parent can claim the child on his taxes being that he provides for the child? I’m trying to verify that the custodial parent cannot give the child’s social security number to another individual to file for her being that she has unreported income coming in and the father does pay support for the child. If she does not pay income tax does not filing of the child go to the noncustodial parent if there is no one else supporting the child? Also, if the custodial parent allows another individual to file the child for an excess of cash is this not illegal?
The custodial parent is entitled to claim the child as a dependent on their Federal and State income tax returns. If the custodial parent has no income and has no use for the dependency exemption, the custodial parent can sign IRS form 8332 which allows the other parent to claim the child as a dependent. A third party is not entitled to claim the child as a dependent unless the child lives with that person for the majority of time.
I have a question my boyfriend and I have been raising his son for the past year, But there is a court order saying his mother can claim him for tax returns for 2009. Can we still claim him or would we get intruble. I think its wrong for her to get that money when she has not had him. And there is not enough time to change it threw the court.
Since there is already a court order providing that mother is entitled to claim the child for last year then mother is the only parent entitled to the last year’s dependency exemption. If you and your husband want to claim his child as an exemption for this and future years (going forward) because your husband is the parent with the majority of custody then your husband should obtain a court order providing that he is parent entitled to the dependency exemption.
my husband has a son with an ex girlfriend.. they both have joint legal custody his son is with us 50% and his mother 50%…my husband pays child support to her! my husband works and so do i but the childs mother does not and never has! she currently lives with her boyfriend and has not lived with her mother for a year…can her mother claim my stepson over my husband?
Your husband should review the court order or judgment to find out if he shares joint (50/50) physical custody of the child.
Physical custody is the actual timeshare or visitation. Legal custody is the ability to make decisions about health, welfare and education of the child.
Physical custody is relevant when determining which parent is entitled to claim the child as a dependent on their tax returns. If your husband and the mother have 50/50 physical custody either parent may claim the child as a dependent, but this should have been addressed in the order or judgment or by agreement of the parties. If physical custody is not 50/50, the parent that has the child the majority of the time is entitled to claim the child as a dependent.
So my question is I get ssi my boyfriend is waiting for his ssi and we have a 6month old daughter our daughter stays with her gma my boyfriends mom down in the cities cause she helps with a lot of her care and baby stuff my question is my daughters godmother is my boyfriends sister who lives with my boyfriends mom can my boyfriends sister claim her seeing that she lives with them and has been for like three months
A family member may be able to claim the child as a dependent on their tax returns, if the child resides with that person for the majority of time.
I am divorced with 2 children. I want to claim the children on taxes and so does my ex. The amount he pays in child support is about the same amount I make yearly. I live with my fiance that also helps support the children. I am the domiscile parent and their father sees them only every other weekend. We have a verbal agreement only that I can claim the children, but he seems to be changing his tune this year…what would happen if I claim the children before him and then he tries. We have nothing in our divorce decree that states anything about this.
Since you are the parent with the majority of custodial time, you are entitled to claim the children as dependents on your tax returns. You should attach a copy of your divorce decree/judgment, which reflects that you the majority of time, to your tax returns.
I am a single mother with two daughers. My eldest has a baby and is going to school full-time. She has had two part-time jobs last year, but nothing to put her over the dependency limits. Can I claim my daughter and still have her claim her son as a dependent? In other words, she still wants to file her own taxes and claim her son, while I feel that I have a right to claim her, since i pay for everything.
Since you daughter did not earn much money, it makes more sense for you to claim both your daughter and grandson as dependents.
I am divorced. My four children live with my ex wife. My ex wife did work at all last year. My ex wife currently lives with my aunt and has done so all of 2009. Can my aunt claim the children for the child tax? I know she can probably claim head of house hold and get the earned income tax? Can I claim all 4 for child tax if my aunt cant?
The parent with the majority custodial time is entitled to claim the children as dependents. From the facts in your question, it appears that your ex-wife is entitled to claim the children as dependents. Your ex-wife can agree to let you claim the children as dependents. She would have to sign IRS form 8332 in order for you to be entitled to the exemptions.
I am a single mother with two daughers. My eldest has a baby and is going to school full-time. She has had two part-time jobs last year, but nothing to put her over the dependency limits. Can I claim my daughter and still have her claim her son as a dependent? In other words, she still wants to file her own taxes and claim her son, while I feel that I have a right to claim her, since i pay for everything.
I am currently separated from my wife, and she has custody of our two kids. We did not separate until September of 2009. She has said that she is claiming the kids on her tax return. Is she legally allowed to claim both of the kids, even though I contributed and lived with my wife and kids until September?
Since you lived with the children and contributed to their support for the majority of the year, it seems you would be entitled to claim them as dependents. However, if your Wife also lived with the children and contributed to their support for the majority of the year she would also be entitled to the exemption. Perhaps, you and your wife could agree to each claim one child as a dependent for 2009. Be sure to fill out IRS Form 8332 reflecting this agreement and include the signed form with your tax returns when you file them.
If there is a divorce decree signed by a judge that states which parent can claim which child does this supercede the law about where the children reside and who can claim them? And if a parent refuses to sign the IRS form 8332 what actions can be taken? Can the other parent still file and claim the children according to the divorce decree without getting in to trouble with the IRS? Or do they have to have the form 8332 to go with thier returns when they file?
The provisions of the Divorce Decree/Judgment regarding the dependency exemptions control. The IRS requires that a signed Form 8332 be submitted with the tax return claiming the exemptions. If you cannot obtain your ex spouse’s signature on Form 8332, attaching a copy of the Divorce Decree/Judgment to your tax returns may suffice.
The IRS has recently indicated that it is a better practice to attach a signed form 8332 when claiming a dependency exemption, rather than attaching a copy of the judgment.
Hi,
My ex is claiming my daughter after the divorce according to the decree for years. Other then that he doesn’t have any contact with her. I want to claim her now when she is 16 because it is going to help her with stipend and scholarships for college (he is making much more money then me and not going to help her through college). I don’t seem to be able to change it legally, family court is refusing to change. How do I get an opportunity to claim her? We had a default devorce decree, I never signed any forms for him, is he still able to claim her?
Thanks,
Julia
Thanks, everyone, for your comments and questions. We do our best to answer as many comments as we can on this site, but we may not be able to reply to everyone. If you need to make sure you get a response, go to the Ask a Lawyer page.
Hello, My 18 year old daughter and her 16 month old son live with me. Normally her father claims her and her sister as dependents and I claim them for the EIC. My question is who can claim the grandson? I think I can because he lives here.
My daughter made $1700. last year so does she need to file her own return?
THANK YOU!!
How do I claim the EIC for my child when my ex can claim her as a dependent on his taxs , She lives full time with me .She is only 12 years old and I have a 18 year old that lives with me full time that I claim as a dependent but not the EIC .In my devorce decree he was to get the younger one for his taxs and I was to get oldest one but he has not been paying the child support on time. I would like to know how I can claim the EIC for the younger one this year on my taxs .
I was wondering who is entitled to claim my daughter between me and my boyfriend. We live together but we are not married. We live at his parents house and we don’t pay rent. I pay her child care and medical insurance, and most of her clothing. He pays for her diapers and milk. His parents buy most of the groceries. I worked all of 2009 and my boyfriend worked for 1/4 of the year and was on unemployment the rest of the year. Any advise?
i was never married but i have two childern from a past realationship. the mother of my childeren does not work she collects social securty for herself and 1 of my childeren. i also pay child support and medical. she also lives off public assistance food stamps, lihep ect. i also had the childeren for the same amount of time lasst year as she had. there is no open custody case. my question is can i claim these childeren on my taxes since i do pay for everything they need, and is there a problem with claiming childeren who get social securty.
I’ve had physical custody of my daughter since her birth.I’ve been on tanf since her birth but worked prior to her birth.I’m just not sure if I can claim her as a dependent if I haven’t gone to court yet to make it legal custody.Not like the dad wants custody.I provide all support aside from providing a roof over our heads.My dad provides that for me and her for the past 4 months.
I am engaged to my fiance and I have two children of my own and he just received his two kids this year because their mother is in jail. She is going to send him a signed form stating that he can claim them. But I make most of the money and he is laid off due to the season, so can he sign another form and allow me to claim them since i pay for their daycare, food, etc… I make more then he does by at least double.? He has had them for a year now. The kids mom is very mentally and emotionally unstable, so just because she said that we will not believe it until in comes in the mail. So since we have had them for the year time, can he just fill out that paper for me? We do not want her to come back and claim them even though they have not been with her, and then bite us in the rear, even though she is in jail (for now that is what it says in their divorce decree) that she can claim them. But once again we have had them for the year time.
Hi my child’s mother and i share joint custody but my daughter lives with her mother last year around this time her mother claimed are newborn baby on her tax returns my daughter was maybe a month old. This year i was supposed to claim are daughter but her mother had someone else claim her behind my back what can i do about this.
can my ex wife claim my daughter as a dependent and get the child tax credit, at the same time i claim my daughter for the purposes of eic
Can my ex husbands new wife claim my children if he owes a ton in back child support and hasn’t paid even though the order went through last June?
I have a question about my current tax situation. My wife and I have been married for over 3 years and her ex has only seen my step-daughter a few times during that period. He does pay child support of $200 a month and in their divorce papers, they agreed to take turns claiming her. This is his year to claim her. We have not included our daughter in our taxes, but my wife has filled out an Earned Income Credit form which includes information about our daughter and increases the amount of taxes we get back. The problem is, we just found out that her ex has made the claim on his taxes that he has had custody of my step-daughter for twelve months to get back more money(?), and (according to wife) that we now cannot turn in the earned income credit form because of this. He wants to just “give us the money” [that we’d lose from the EIF] by hand, and my wife doesn’t see that as a big deal. However, I am very suspicious of this and would like some input on what to do, from a legal standpoint. Thank you.
i was wondering if my ex has no income is it possible she could get her mother to claim my son even if i was supporting him (food, diapers, clothes etc. and receipts to prove)up until 2 months ago when we seperated? and if i file my taxes and claim my son, what could happen if we claim him at the same time? and is there any i could do if she did claim him?
If you file form 8332 with the IRS and claim one of your children, how do you file with the State of Arizona? Can I claim my child as a dependant even if the child didn’t live with me, only had him 3 days a week? If you can reply soon, I would appreciate it, as I’m afraid to mail out my tax forms out.
Thanks a million for your assistance.
My ex-husband claimed my son for 2009. According to our divorce papers, he gets odd years and I get even as long as he is caught up on support.
He is not caught up, now what am I supposed to do?
My 48 yr old daughter had to move in with my husband & me in Nov 2008; she has had no income since Dec 2008 – we file married jointly – can we claim her as a dependent? She isn’t required to file taxes since she receives no income.
Can we claim my 87 yr old Mother who lives with us if her only income is her social security of $765/mo? My husband & I file married jointly.
I am in my second marriage. I have two children from a previous marriage that the judge awarded me Primary Parent on December 1, 2009. From January 1, 2009, til December 31st, 2009, they spent 184 days in my home and I covered half of their living expenses not including child support. I would like to know if the other parent claims the children as dependents, could I still claim them on my taxes? If so, in what regards can I do so?
My son graduated, last May and will be graduating this coming May with another degree. He is a fulltime student and he has no income except for a student loan to pay his tuition and fees. He lives with me 100% of the time. He also turned 25 this past December. Our child custody agreement states his Dad gets him for deduction, even though my son has been living and supported by me. And no child support has been paid to me in 6 years. I guess my question is can I claim my son as an exemption now that he is 25 or can I claim him as a qualifying relative since he turned 25 ? My child custody agreement does not state when the agreement ends.
I just received a rejection notice from the IRS for my federal taxes. It appears that my ex husband has claimed our daughter on his taxes. She was 18 years old and graduated from HS in June 2009. She is currently enrolled in college. I did not sign a 8332 form. Is there any legal action needed. Not only does this affect my refund but even bigger issue it takes away her Grants because his income is higher.
I have a court agreement from 2003 that reads that I am able to claim the child in even years and the mother in odd years. My interpretation to this is that the entitlement to claim the child as a qualifying child is clearly defined for specific tax seasons. Second, the court’s provisions overrule any IRS stipulation because the IRS tries to make their system unaccountable through their “mediational” rules if their is disagreement.
The mother and I have been claiming the child, like with how I have interpreted the provision to you, until the most recent year I was allowed to claim her. She had filed her as a qualifying child and now the IRS has rejected my child as a qualifying child. Without consulting with an accountant, I can clearly see as to what information an accountant would use as evidence for either party. My question to you is if two parents, whom have joint legal custody, are provisioned by the courts an allowance of claiming the child as a qualifying child and the other parent is allowed to only claim the child on a different year, is the parent whom files the child on their non year in the wrong?
My question is my ex lost custody of my son in October 2009. I have a new court order saying that I have sole physical and legal custody. The original divorce decree states that this would be her year to claim him but he has lived with me for well over half the year due to her substance abuse issues (which is also why I have full custody). The new decree does not spell out specifically anything about taxes just that he is to live with me full time and I do not have to pay child support. Well my ex claimed him this year even though he lived with her for less than a month and she does not have custody. I feel like he should be mine to claim as she lost custody. Who’s right and if it’s me what do I do?
My question is similar to Matteo’s (above). However, I am the mother who wants to claim my son even though our 2004 court documents have the non-custodial parent claiming him every other year. I’ve never signed a 8332 form but I’m not sure that would apply. I only ask this because his dad does not keep him on his visitation nor does he support our son as agreed. If I were to claim him anyway with proof of support, daycare, benefits, and housing would this override our court documents. I would rather get fined by the IRS than spend a fortune in court with no results.
Tiffani,
I can tell you that if you can prove, through various ways, that what you are saying did occur, I would speak to a lawyer as far as what various things could potentially happen. I can firmly tell you, however, If you did file the child on your taxes during a said year for the father, the father could in fact take you into court for being in contempt. You would then have to prove, through substantiating evidence, you are not in contempt and that the various facts about the father’s reluctance did occur. You would then be awarded by the courts that your were not in contempt and the father was disallowed the said provision due to his reluctance to fulfill factors that would prove supporting the child. This is just my law abiding opinion and fair interpretation of your concern, but I am sure there could be other things someone else would inform you with.
If you cannot prove your claims, and you did file the child when you were not supposed to, you have the risk of not only paying back the credits applied during that tax season, to the IRS or the father, but found in contempt which is not a good scenario.
A respectable tax accountant told me the following:
No one here is going to try to interpret a court document that we have never seen. Also understand that the IRS is not bound by the court document, you are.
In my state, to process an order to show cause for contempt of court has no fee. You could speak to a lawyer through a free consultation relating to what you are stating too?
Thank you for your input. I’ve never been in contempt and I’m sure I won’t start now. I have talked to plenty of lawyers who by the way charge $300/hr and up for any services beyond free consultation and have more than enough proof to prove years of contempt. But after researching I can’t find any other way to modify or process an order for contempt without a pricey lawyer. In my previous experiences with lawyers and courts regarding this matter I ended up with a financial burden in addition years of conflict. I was hoping that the 8332 form (I’ve never signed) would be a legal way for me to go forth claiming our son. However, it seems that this is not possible without it getting messy.
Tiffani
I am in the same boat as you. My divorce agreement states that my ex can claim every other year if he is caught up on child support. The child support division states he was cought up Jan 6-2010.My ex is stating that he was caught up Dec 31,2009 .My son is now 13 and his father just now got caught up on his back support.He has never paid any extra towards doctor bills,school or clothes. I am also trying to find an attorney to try to get it to so I can claim my son every year. At the time of my divorce I only agreed to the every other year because he was paying so much in child support.Since then my ex has taken me back to court and his child support was cut in half.I feel if we are taking care of our children and the fathers do not contribute that much why should thay get to claim the children on their taxes.Its frustrating.
Elizabeth-
It seems by now the “system” would have an easier affordable process to help responsible parents who are not at fault. I don’t understand if there is a court order in place then why an attorney and court cost are necessary especially when there is obvious evidence to show the agreements are not being met. My son’s father is not only supposed to carry health insurance but pay 50% of all cost pertaining to our son like sports, school, etc which he does not. However, I do get child support only because it’s garnished but when he swaps jobs (often), I have to go through an attorney to establish his employment which takes time and money. In the meantime I’m not getting child support so I have to figure out how to pay court costs. What’s the point of these court orders if we don’t have to abide by them? The last time I tried to modify child support (he was in contempt), it turned into another three year court battle and the outcome was basically the same as before because I couldn’t afford it. I’ve been in court off and on for ten years. My son is 10 btw. In the beginning I initially agreed to certain situations because I was young and not properly informed nor did I know how the future would carry out as far as his father’s actions. I’ve paid thousands of dollars to not one but two attorney’s who could have cared less about us and keep in mind I was a single mom working two jobs and going to school. So I paid with my tax returns. Being older now, I have several friends in the same situation and I can’t give them any advice or encouragement except to not let it ruin you. It’s incredibly sad and heartbreaking. Thanks for sharing your story Elizabeth. I wish you well!!
If my X girl friend claim my son for taxes. and we have legal joint custody of him. Am I entitled to half of the child credit
Hello, My wife and i are currently seperated i want to know once we are divorced can i still claim 2 of our 4 children on my taxes as i have been since they have been born? she now lives in another state. I also want to know can she let anyone other than me claim the kids just being spiteful? if not what questions or demands can i ask for in our court hearing which i go to see the lawyer next month to file for a divorce? Help please Thanks
My husband and I have always claimed his 2 children from previous marrige on our return, The ex has always let us because she has 2 children from another marrige that she claims. This year with the new tax law she claimed another one of our children so she could get more back, We have already filed claiming both children but the ruturn has not been accepted yet (new house credit takes longer) What is going to happen now? ( her taxes have already been accepted and money spent)
My ex husband and I alternate years claiming our son on our taxes. This year is his turn. Can I still claim the daycare expences that I paid even though I don’t have my son listed as a dependant? or is there a way to add him as a dependant and not get the child tax credit? Please advise.
I am divorced and have two sons, ages 22 and 20, who live at home with me. They have only worked part-time the entire year and the total made among them is less than $2500. They do not attend school. I have supported them the entire year. Can I clain them as dependents on my federal income tax form?
Thanking you in advance.
In Feb 2009 my 16 year old daughter moved from her mothers house to reside full time at my house. The child support order I was paying was cancelled. My 16 year old stays overnight with her mother 2 to 3 nights per week. In the divorce decree it states that I would claim our eldest daughter and my ex would claim our now 16 year old. Our eldest is now 23 and I have not claimed in for many years. I tried to speak with my ex regarding who should be able to claim our 16 year old since I am now the custodial parent. She would not discuss the matter with me. All financial support for my 16 year old is provided by me and I have not sought child support from my ex. I have filed my tax return claiming my 16 year old and now my ex is claiming to start legal action against me. I feel she has no right to claim our daughter.
You should probaly get it changed in your divorce decree. I have the same problem it states that my ex can claim our son every other year if he is caught up on child support. He just got caught up after 13 years. Still do not think he should claim him since he has had his child support cut in half and I pay all medical,school,food and clothes.Plus when your child turns 16 you do not get the extra money back for them when you file taxes.
My 1996 divorce decree states verbatim: “The parties stipulate to continue to alternate the dependency exemption relative to child with petitioner being allowed to claim child on odd numbered years and co-petitioner being allowed to claim child on even numbered tax years.”
Does that statment meet the 3 of requirements listed on form 8332 under special rule for children of divorced or separated parents under the exception for post-1985 and pre-2009 divorce decree thus allowing a non-custodial parent to claim the exemption even though child support terminated 3 months into the year and the child has not had any overnights with non-custodial parent in over 2 years.
I have claimed both of our children on my taxes for the last 4 years. We have had 50% custody until October of 2009. She has claimed both kids on her 2009 taxes. I work and she does not. Do I have a case?
My wife and I were divorced in 2003. Our divorce agreement stated that I would claim our son and my ex-wife would claim our daughter for federal tax purposes. No problems until this year when she claimed them both.Her mother,a paralegal, who does her taxes claims new laws allow her to do this.The way I read the law is divorces pre 2008 can still use their divorce decree without having to use form 8228? Even if she could do this,I see the law also states you have to give the non-custodial parent one years notice in writing before you can claim them on your taxes.Example she notifies me for the 2009 year she can claim 2010.This is causing us many arguements and I would like to resolve this issue.Help!
The terms of your divorce decree/judgment control. You should claim your son as a dependent and attach a copy of your divorce decree/judgment to your tax returns.
i have been divorced since 1997.we have 2 children he claimed one and so did i .its been that way for 13 years now that one is 18 he wants to rotate the other child. i have solo custody of them both.i have already filed my taxes in jan.2010 and now he is stating he is going to claim her too. what do i do ? i have always claimed her .and he hasntpaid one dime in child support this year.
If you have sole custody of your child and your ex husband does not contribute to the child’s support, then you are the parent that is entitled to claim the child as a dependent for tax purposes.
A) Can a son claim his mother who has not legaly been separated and she has no income. Mother lives with Son and he provides her full support.
B) Does the mother has a filing requirement?
My boyfriend had a son in 2009. We live together and he plans to file as head of household as we meet all the requirements. He does not want to claim him as a dependent because his AGI will not allow him to receive a deduction. Can I still claim my son as a dependent even though he claims head of household?
I just filed my taxes online and it was rejected because it says that my dependent was claimed on someone elses taxes. I found out that my ex claimed our daughter but I have the forms stating that I am the custodial parent and I have the right to claim her because she lives with me. Is there an additional form I have to fill out and submit seperately so I can claim her as a dependent? Thanks
my son’s father lives in CO and we live in NY. He owes me over $4400 in child support. I am the custodial parent. He wants me to claim our son on my income tax and told me that by allowing me to claim our child that will make up for the money he owes me. Is this correct?
My husband attained a divorce without me being present. He not only was able to pay minimal support but add a clause stating that he be able to claim our children on his taxes even though i am the custodial parent and i contribute more than half for their needs. Obviously not being present, i did not sign the decree. How can i legally claim my children and do I have any recourse for the past 4 years?
If you were never served with the divorce petition your ex husband filed, then you may be entitled to set aside the Judgment he obtained.
I am divorced, my x husband lives in California, I live in Louisiana, I claimed my daughter this year on tax return, my x husband says he is going to claim my daughter, I do not want to get audited what do I do now, I have already received my tax refund. I feel I support my daughter just as much as he does
I have a daughter. Her father and I have joint custody. I work and have always had income. He has no income and hasn’t for several years. He has been the one claiming her for the past few years or at least his wife has. They have been married for several year and so have I. I claimed her for my 2009 taxes and he wants to claim her for the 2010 tax year. Can he do this if he has no income? Or can his wife if she is the one with the income in their household?
If your ex husband and his wife file joint tax returns, then his wife’s income will be joint income.
I have claimed my sons, who don’t live with me, on my taxes for about 4 or 5 years now with their mother verbal permission. Last years tax season (2008) H&R Block did my taxes, as they have for several years now, and I claimed both my sons. Which one lived with me for 6 month the other did not. I got earned income credit for both children. Then the IRS sends me a letter for an audit wanting me to prove that both kids lived with me. Of course I could provide proof for my oldest cause he didn’t live with me but I sent them a copy of his school records and a letter from my youngest sons Doctor stating that my youngest according to their record did live with me. Now the letter was hand written and sign by the doctor so they would not except that as proof. At this time I payed child support directly to the kids mother and we agreed that since one son live with me that I’d only pay half of the court order child support this was from 7/08 through 01/09. She also put down on our receipts that I pay full child support for both kids during this time so that the state wouldn’t charge me for paying only half and I agreed that was fair. Now I’m faced with the IRS wanting their money back plus $1500 self employment tax plus interest cause I have no child to claim for 2008. I haven’t even filed this year cause of the same reason and everything I make is cash and no paper trail. I want to file but if I do I know I’ll just owe more money. My question is can I still claim both kids cause their mother don’t work and will let me claim them for 2008 and 2009 and what do I need to do?
My son is going through a divorce. His wife’s attorney has stated that if he claims one of their two children on his tax return and gets a refund his child support will go up, and even though if she carries both children and gets a large refund, that won’t affect the payments. Is this true in the state of Tn?
Can I still get Earned Income Credit for the one child I can’t claim as a dependent? I have 2 other kids that I’m claiming but I can’t claim my last child as a dependent because my ex is claiming him.
Hello. I have been divorced for 8 years. My ex and I have joint legal custody of our 4 children. I have primary physical custody with my ex having weekly visitation. While I don’t have the specific terms of our divorce decree in front of me, it does state something to the effect that we split the children for tax purposes until they are no longer able to be claimed. My question revolves around whether or not my ex can claim the college-aged children since he was only required to pay support through their high school graduation. If my 2 college aged children receive no support from my ex and they both live with me during the summer and during their college breaks, is he still eligible to claim them on his taxes…or….did his right to claim them end when they graduated from high school and he no longer pays support?
If your college aged children are being financially supported by you and reside with you during school breaks, you are the parent entitled to claim them as dependents for tax purposes. You should review the terms of your divorce decree (judgment) to be sure that you did not reach an agreement otherwise.
my wife and i have been seperated in calif for one year now. we have two children and have 50/50 custody. they lived in both households the same amount of time. she took it upon herself to claim both children on her taxes for 2009 tax year. i did not sign anything to agree to this. is she allowed to do this or will she have to repay me for claiming both children?
Since you did not have an agreement as to which parent would claim the children as dependents and you have equal custody, your wife was able to claim the children for the tax year 2009. I would advise that you sign a written agreement with your wife that you will claim the children as dependents in alternating years; which means you will be entitled to claim them for the tax year 2010.
my sons father claimed him this year for taxes, he hasnt seen my son in five years . and was court orded to pay health insurance. we live in fl he lives in az.my husband has paid health insurance,for my son. do i have a right to fight and report it to irs?
My question is similar to the one above. I have had 50/50 split with my child since me and my wife seperated (There was one month she left the state without permission, and i had to get a court order to get her back here. Im not sure if that would count against me?). She currently claimed our daughter (we have not reached the point to make any tax agreements yet) but when checking the IRS laws i see if 50/50 custody is in place, then the higher AGI will actually be able to claim the child. She did not work for more then half of last year (she got a job for the first time in years in june, at $150 a week) and was even trying to get me for child support in court. Obviously this is going off last years income so i see hers being minimal, barley breaking 5-6k while im way past $10k. Will i be awarded the claim since my total AGI is higher? Could she get in trouble for making that claim?
My divorce settlement states I can claim my son as a dependent on my 2009 federal income tax. My son is 20 and a full time student in Florida. I have provided for most of his living expenses in 2009. During breaks from school, my son spends time with friends, his mother and myself. My tax return was rejected by IRS because his mother claimed him as a dependent. Can you estimate my chance of successfully claiming my son as a dependent, if his mother says he spends more time with her during his time between school semesters?
Thanks !
Dave
I have a Tennessee parenting plan that states I must send my ex a copy of my federal return every year. If I file jointly with my current husband, but I have no earned income, do I still have to send copies of our joint federal return to my ex? Also, could you direct me to a credible website that will advise me o the answer as well?
Our Minor son turns 18 and has a settlement from an auto accident that is in Guardianship which his mother is over. What happens when he turns 18? Does the account that is already set up automatically go to him or does a paper need to be filed with the courts. The problem is his mother is trying to withhold the money from him even when he turns 18 and saying until she (the guardian) files a form with the courts the money is not his and she does not plan on doing that when he turns 18
I have a six year old daughter and am divorced. Can my ex husband claim her on his taxes as a dependent and I claim her on Earned Income Credit? We have joint custody.
I have joint custody of my 2 kids and in our court order the kids are split 50/50. There have been times where I have taken the kids on his time over night or take them while he’s working. My ex makes more money than me so now i have to pay back from 2008 and 2009. Is there anyway to prove that I’ve had the boys 51% of the time? Also even though it’s 50/50 I provide everything for them w/out receiving any support from him and i’ve also saved receipts.
ME AND MY EX SIGNED AN AGREEMENT STATING TAHT WE WOULD DTAKE TURNS CLAIMING MY CHILD EVERY YEAR HOWEVER I AM NOW REMARRIED AND MY NEW HUSBAND SUPPORTS HER AND HER FATHER BARELY EVEN SEES HER HE HAS BEEN AUDIED BY THE IRS TWICE NOW I WOULD LIKE TO HAVE THESE PAPERS MADE TO WHERE HE CANT CLAIM HER ANYMORE HOW DO I DO THIS AND CAN I DO THIS
You will have to enter into an agreement with your ex spouse that provides that he can no longer claim the children. If your ex spouse will not agree you will have to obtain a court order.
What would happen in the following situation:
Parents were never legally married – for all of 2009 the parents lived together with the child (2 years old) with one parent (father) providing for the following expenses in their entirety: apartment rent, utilities, telephone, car. However, the mother has refused to supply the father with the social security number for the child. What are the father’s rights?
Whether or not parents are or have been legally married has no effect on each parent’s parental rights. In this case, father should file a motion to establish joint legal and physical custody and to establish a visitation schedule.
After reading the post above I am glad to say at least my divorce decree speaks to who can claim our child on what years. I am in TN. Curious as to your thoughts related to this question. I didn’t see it posted above. My decree states through out the whole document as to the father having certain scheduled times / visitation / holidays etc with the child during even yrs and the mother during odd years. When it speaks to child being claimed as a dependant it say the same thing. Father EVEN years / Mother Odd years. It doesn’t speak to a Even or Odd “TAX” YEAR. This is a even year we are in at the moment . April 2010. We would be filing for a ODD tax year. Since the document doesnt speak to how even and odd applies to a tax year does it make sense that that the father claims the dependant in a EVEN year for a odd tax year and the mother cliams the child in a odd year for a even tax year.? Your thoughts ?
My husband and his ex-girlfriend have a 5 yr old daughter, (Roselyn) he has been claiming her since the day she was born. Her mother (Vivian) does not work, he is an Active Duty member of the Armed Forces and has provided for his daughter every way needed. He never legally paid child support, however, they verbally have agreed to share custody as long as he continues to provide all that she may need. This year her live in boyfriend has claimed Roselyn with so much as asking her biological father. Now I believe both parties are going to be Audited and Investigated. I wanted advice in how to handle this, and is this a case my husband could win?
I look forward to your response, Thank you for your time
Hi my question is as follows. I have a son who is 15 (at home with me mom) and a daughter who is 20 (she no longer lives at home with me mom) there dad and I never were married, and we have not been togethere for 10 years. I always claimed my son and he (dad) always claimed my daughter and we never had anything in writing from the courts stating who claims who ,it was all verbal through the judge that I claim my son and he claims my daughter. Well for the last 5 years We have lived with my Boyfriend who provides for us and I have let him claim my son and I, until my son’s dad last year without telling me decided to claim our son on his 2008 taxs. My son only goes to his dad’s place 4 days every month which is every other weekend so he lives with me and my boyfriend majority of the year. I wanted to know what I can do about this. I was told by someone that he (dad) should have had me sign form 8332 before he filed a claim and he did not do this he just went and filed as fast as he could, we are from NJ. Please any advice would be Greatly appreciated Thank You
My 3 children lived with me more than one – third of the time last year. Yet they all lived with their mother more than half the time. I feel entitled to at least one exewption on my taxes. Last year she agreed to allow me one of the children on my tax return. This year she changed her mind.
I was divorced in 2008 at that time my ex claimed that he wanted to have one of our sons as an exemption as he could not claim his rent. The mediator agreed with him and I have since found out that he can in Massachusetts. They just said I took the older son and he the younger who at the time was a junior in high school. He is in his first year of college now and I cannot claim all his expenses which I paid for. In 2008 my ex was 6,000 in the rears for child support and has not paid anything since he lefft in 07. My accountant feels I need to go back to court to change this and file for an extension. Do I qualify for this to be moderated when in court?
This year is my ex husband (per our agreement) claims both children on his taxes. The children live with me in MA most of the year, they visit their father in TX 3 times a year during school vacations. So I have primary custody. Can I still claim the daycare expences that I paid even though I don’t have my son listed as a dependent? or is there a way to add him as a dependent and not get the child tax credit? Help!
I attained legal physical custody of children on Sept 1, 2009 even though they have lived with me full time for 3 years. Prior agreement said ex could claim both on his taxes. Who claims for 2009?
yes i have a question? i have been married to my wife from 1998 until 2007 where at that time we legally separated, divorce march of 2010.we have five children. the oldest was born before marriage in the year of 1995.i recently decovered that during many of those years, about ten, she has been allowing family members of hers to claim our children in return for a part of their refund.we have had a off and on marriage for the entire duration. many of the years except for about five years,we lived apart. but, she had her owned residents,only 2or 3 years she lived with a relative for part of the year.can she allowed other family memeber to claim the children over me,although we were technical still marry. and also,can family members surpass me as the father. what can i do about this. can i file a amended return to claim my children that was claim by other family member.can i press any type of charges or complaint. i thought this was considered tax fraud.
Hi,
I have a friend who is contemplating the filing of a Chapter 7. He recently completed a divorce in June 2009. This divorce left him with a vast amount of debt to include a foreclosured mortgage, medical bills, and credit card bills. Also, I need to mention that he has two children by two women, both of which he pays child support to. Also, I need to mention, that he has not filed any taxes in a few years. In speaking with various bankruptcy attorneys some have suggested that he file taxes for the missing years and include the social security numbers of the dependent children even though neither child resides with him. Some of the attorneys are stating that this is necessary in order for him to qualify for a chapter 7 bankruptcy and he can deal with the ramifications of using those social security numbers on his taxes down the line. I am concerned about this advice since both mothers claim both children each tax year and this will obviously present an issue. Can you provide some quick reference or advice on this….
okay this is my story.
I am married but am currently seperated from my wife. she told me to let her claim my daughter from another marriage and that she will give me some of the money. i let her claim my daughter and now she tells me they never gave her the money for claiming my daughter. How can i find out if she is lying to me or if she really did receive the money for her?
Can a parent who does not live with the child but has joint custody claim the children on his taxes if the mother is illegal and cannot claim them? If the mother gives him permission and then gets pissed off because she wants the parent claimng the twins to give her more money on his tax return can he get in trouble with the law
My husband and I are separated. I have primary custody and provide the majority of the financial support. We have 2 children he claimed my son without discussing it with me. Can i still claim him on my taxes
My wife and I are divorced. The divorce took place in Arizona in 2003. I pay child support and medical insurance. The divorce decree states that I can claim the child in odd numbered years. This year my ex-wife claimed our son on her taxes. I called and told her that it was my year. She said that he lives with her and she is claiming him. I told her that per our divorce decree, the judge granted me odd numbered years. I sent a letter and copy of the divorce decree to the IRS. Will the decree help me to get my refund? If so, will she have to repay the money?
Hello, I am soon to be divorced. I was handed 35% custody of my 3 children on Nov. 17th. 2009. There is nothing on court orders YET saying who can claim or not claim or how many etc… So this year my ex wife claimed all 3 kids,,,,my CPA said she cant do that its not legal. Since there are no court orders and I am paying child support, “supporting” then I can claim 1 child she can claim the other 2.( this year or until there are court orders)
Is this true, from what I have read above there seems to be some conflicting responses on this.
Can I legally claim my children on my tax returns. They stay with me on weekends. I pay 25 percent of my income in child support in addition to buying their clothing, class trips, braces etc… My ex wife does not work and has three other children. Her current husband claims all the children. What can I do?
Can I file my daughter on my taxes even if she doesn’t live with me?
In the case of divorced parents where the mother has primary custody, but does not work, and the father does work while providing child support, can the father legally claim the children as dependents simply because the mother does not work? Thank you.
i have a judgement that states my ex can claim my son every other year. I have claimed my son since he has been born. and now its a fight who is to claim him this year. I pay for my childs school that is about 350.00 a month and the expenses for my son. The daddy just pays me 300.00 a month i just need some advice where to go with this situation. will i get in trouble if i claim my son this year? Thank you very much courtney
I am filing for divorce and the only statment that i do not agree with , is the father claiming the child tax credit on the odd numbered years. I will be the custodial parent and will share joint custody. I do receive child support payments , but the child lives with me full time. I actually makes considerable amount less than my ex husband, and depend on that exceptions yearly? any feedback
can my girlfriend claim my children on her taxes if they live with us and i have custody but not working, she also provides for them?
so my daughter lives with me 291 days a year my x want to claim her on taxes.. we have a court order saying he can claim her every other year if he is curent in child support.. i recive ssi for my daughter who is disable also i have full custody! can he claim her??
My brother and his Ex share joint legal and physical custody of their daughter. Last year his ex moved out of state for a voluntary military deployment and left her children behind. It was her year to claim the child but the child was never in her custody. Legally, can she claim her?
simple question, i know i can claim my child… but my ex gets government financial support ie. financial aid for daycare food stamps wic…. for the past 3 years (my daughter is 3) my ex has been claiming our daughter. if i claim her next year, will my ex lose her government support?
I am new at this site and have seen many questions asked without a response. It apprears there are many of us custodial moms out there that need answers on how to modify a court order with the non custodial parent claiming dependents that do not live with them, are behind in child support and other expenses, and are unable to claim college exepenses which we have paid for. Are there any laws supporting us to amend this court order?
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My ex and I have four children. About six years ago he walked out and never looked back. When we were together he claimed two children and I claimed two. I tried unsuccessful for years to file my taxes before him so I could claim all four but he always filed first. However this year I filed first and claimed all four children my children have always lived with me. He pays child support but one of the tax questions is if the child has resided with you goo twelve months. He want to file his taxes and was very upset that I claimed all four now he wants to go to court for custody. My question is does he have a legal right. We don’t have a custody agreement right now. But again my children have lived with only me all their life. Please help.
Can I put my 23 yr. old son my medical insurance even though I don’t claim him on taxes? He lives in a different city and is not a student? They don’t offer health care where he works.
My wife and I have not been together since November of 2008 were not divorced nor are we legally sperated. I am in the military and left my permanent duty station of san Diego to mississippi for a period of 5 months April 09 to September 09. I support my wife and 3 year old with 1100$ a month yet now I’m being told that after I have gotten my tax return that she can claim him. We are still not together but no legal action has been taken. Can she still claim him even though she works part time at a minimum wage job? What do I do about this or am I just screwed?
The parent who has the majority of custodial time is entitled to claim the child as a dependent on their tax returns.
american law defend only money, doesn’t think what could be happened in family. most children live in povrety , most moms don’t care, they only are making business even sell the social. if a mom has 3 children for 3 dads 3 child support come on . the kids are crying help, the momn kick their dads just to make money.
My husband and I separated 3/1/09 and are in the process of divorcing. Without consulting me, he filed the 2009 taxes as jointly, and kept the refund. What can I do? (Our 4 kids live with me.)
My divorce agreement in 1998 stated that my exhusband could claim our son on his taxes and he has done so. In 2007 my exhusband took me to court to remove my son from child support. Is he still entitled to claim him on his taxes? The son lives with me and is 22 years old and a fulltime student. I claimed him this year and my exhusband says that I cannot do this and has reported me to the IRS. Any advice is appreciated.
can my wife drop the insurance on me and my kids we have been separated for 4 days? they are her stepkids?
My ex-husband and I have 2 children. In mediation when going thru our divorce, I agreed to let him claim one child on his taxes and I claim our other child. Due to certain circumstances, I requested the courts to overturn that and I would now like to claim both children. Is there any laws to support my request?
I have been married 10 yrs and divorced 8 yrs now.I have a 14 yr old son that I am the primary care taker of.I pay for his $8k private school,clothing,food,and his entertainment.Hes my pride and joy.i have joint custody and my ex doesnt even pay $500 child support which hes mandated to pay.He tries every year to claim my sons tax credit which he is not entitled too.the irs gave him my check and i need to show proof every year .Is this fraud and can i put him in jail?Can i make him stop this?
Unless there is a court order or agreement granting father the right to claim your son as a dependent on his tax returns, the parent who has primary physical custody or the majority of custodial time should claim your son as a dependent.
wondering since my sons mom does not work…can her new husband claim my son on taxes…She refuses to let me? It doesnt say anything in our serperation papers on the subject…but she doesnt even work???
I have received a letter from my ex’s attorney. She is looking for compensation for medical bills for 5 1/2 years for my son. I have always paid for child support and was paying for his medical insurance until 2003 when I changed jobs and could not get health insurance through my employer. I have since opened my own company and again have to pay health insurance in full if I want it. She is looking for compensation from 2003 until 2007. What are my legal rights and should I seek an attorney for myself?
Athan, You are responsible for your child’s insurance even if you work for yourself. You have a to take a policy on the child and pay half his medical expenses that the ins. does not cover, no exceptions and judges are not sympathetic to you about being self employed.
Could this possibly be more unfair to the parent paying child support where the other parent has no income? “Dependent” in non-IRS usage means the children depend on me to provide all of the money they need, yet because they don’t live with me, but do live with their deadbeat mother, I can’t claim them as dependents? If I can’t claim them as dependents then they must not depend on me for their expenses, right? But they do. How can anyone justify this?
My daughter was born 6/13/09. My girlfriend and I lived together from 6/12/09 date through 12/31/09. My girlfriend works full time and I work part time so I have been the babys main caregiver. In January she announces to me that she claimed the baby on her taxes as head of household for 2009 and was getting a huge refund and I deserved none of it because she was the one that worked although we did not have a sitter as I was the primary caregiver. Can she do that without my permission? I felt helpless and did not make a complaint and did my tax return for 2009 without claiming the child. I have proof that we lived together that entire time. Can you give me some advice? I have been thinking of filing a complaint about it.
If my son’s father claims him as his dependent on his taxes, will I still need to claim him when I file my taxes? which tax form would I then submit.
My ex husband & I have a separation agreement wherein we agreed I would claim our son (now 17) and he would claim our daughter (now 18) on taxes, “until the issue is resolved, if need be, by a court of competent jurisdiction.” The agreement did not specify an age of the children when this would cease. We had shared custody, so no support was paid either way. He has now announced he is not going to pay anything towards the 18 year old’s college expenses (she just graduated from H.S.) When I said that I should then be able to claim her as my dependent, and get the benefit of the tuition I will be paying for her college, he said that I couldn’t because the agreement said otherwise. We live in VA. How long does the separation agreement (which was incorporated into the divorce decree) remain in effect for purposes of the dependency claim? Is there any way I would be able to claim her tuition expenses even if he doesn’t allow me to claim her as a dependent?
I am 18 years old and have always lived with my mother. I started working November last year (part time) for some side cash. I do not talk to my father and we do not have a good relationship. My mother (has full custody) did not claim me because she wanted me to claim myself so i get my own money back in tax returns. My father instead claimed me and took my tax return money (he pays child support, his 2nd year paying). It is now late June and i’ve been working for over 6 months and my mom helps out with finances. I have recently left my job to spend the summer with her and my family before i leave to basic training in october. From then on I will be living by myself and my mom will stop the child support right before I leave in october. I am worried he will try to claim me again. This time it’ll be much more money. Will he be able to claim me or will I be able to claim myself? (I live in the state of New Jersey).
I have shared parental responsibility of my son however per our settlement agreement, I am to provide primary physical care. The agreement also states that I shall claim the tax dependency related to the minors care however for the last two years my ex-husband has kept our son greater than 70% of the year. I have claimed him the last two years but I am concerned he will file to amend that past two years. He just won primary and I have lost child support benefits. Can he amend the past two years returns? Can he use the same proof he supplied in court (school documents, visitation calendar) to validate his claim without my signature or knowledge? Thanks!
My wife and I were divorced in January (in Idaho) and my son is 16. I am paying $1250/month in child support (which I feel is excessive), and am also paying the mortage (1600/month) on the house in which my ex-wife and son are living. My monthly income is just 3100/month while my wife’s is 2500/month. She pays nothing to me.
Please advise me on what a more equitable child support payment should be based upon the above information.
If I have interference with the mother on the weekend that I am to have my child what should I do. He now does not want to come because I have rules and he is 15. He is allowed to do anything at his mothers home.
Me and my wife separated in 2009 around tax time when we were to file our 2008 taxes jointly. I lived all year at home with my wife and kids in 2008 and provided more than half of my kids support. My wife ended up filing the 2008 return separately without my knowledge. Now that I am filing my 2008 taxes now separately do I have a right to claim my kids as dependents since my wife denied me the opportunity to claim all or some of my kids or at least file jointly.
Being seperated from my husband almost 2 yrs now with very little help with our daughter… He lost his job and filed for unemployment and is now wanting to add our child as a dependent so he can “make more money to help”. I clm her on taxes and I take care of her every need… I do not, first of all, want to give him the SSN he is asking for and I don’t think it sounds very legal for him to clm her for unemployment and she doesn’t even see him but once maybe twice a week…
If i have the right to claim one of my children as a dependant, and all rights as a dependant, beacause we agreed on that in the divorce decree, can i claim that child for head of household if the child lives with her mother more than she lives with me.
I live in North Carolina, I was told by my ex-husband that I could not claim our son on income taxes if I collected Child Support from him. We have equal shared custody. Is this correct?
I had to move in with my four year old son’s father last year as I lost my job and am just about to run out of unemployment. We are NOT a couple, we live as roommates (and w/ babydaddy’s brother too). We never went thru the courts and he out of the picture the first year, in and out the second year, but eventually he did pay me support but no proof through courts as I said. I want to make sure he doesn’t claim my son on taxes as he has much more money, is in school, while i am disabled and have nothing. I also am with my son almost ALL of the time, and all me and my exes expenses are separated (we split food costs, etc for our son though like I said the daily care is usually up to me). How can I make sure he can’t claim our son?
Hello I have a 2 year old daughter and I have been a stay at home mom mostly since she was born. She gets ssi which provides what she needs on a daily basis. I live at home with my mother. My daughter has lived with me since she left the hospital. Her dad doesn’t provide half her support and she has never even stayed with him one day and night. This year I had my mother claim her after he had already done so. They both received funds. I do not consent to him claiming her. Because I did not have income for the year I had my mother claim her. Will they both have to repay? Will I have to report it to the irs?
my step son turned 21 in may 2010. as per my wifes divorce agreement her exhusband no longer has to pay childsupport or provide health insurance once son turns 21. Son has always resided with us (mom) and his father always claimed him on his taxes. my question is since for 5 months of 2010 my step sons father was paying child support who gets to claim him for 2010?? or do we split it , how does it work we live in ny
thanks
My child’s father claimed him for 2 years now & I have custody of him… I’m just wondering how could they have allowed him to claim my child if I didn’t sign any form & it is not in the child custody/ support decree?? I did report him to the IRS by sending in a form though I did not know his full ss# at the time, but I did not receive anything back & nothing has been done. How can I prevent this from happening again. I have lived with my fiance for 1 yr & a half now & he supports myself & my son & our 2 month old daughter now. He does so much to support us so I think we should have the right to claim my son in our income tax return. Also, what can I do about the income that my child’s father has received from claiming him without having to hire an expesive attorney?
My husband and i split October 1. He refused to file taxes with me. How should we have filed are taxes. He filed head of household, claimed our new house, and our children. I have the kids and he has not paid any child support nor does he see his kids. I also paid for their child care the entire year since he said if i didnt i could not work.
hi!
my ex wife does and has not worked in the past year we have one child together i pay child support, can she still claim our daughter for tax money even if she hasnt workd at all?
lufkin, tx
thanks
I have two kids, One is 20 yrs old and a full time student and the other is 15 in high school. Neither one live with me. 20 yr old with her grandparents close by so she can help them out and pay for college and the other lives with his dad. We have joint custody and I pay $550. per month to him because my son didnt want to move from Dallas to Houston with me when I took a job here. Can I claim either one of them as an exemption?
Hi,
I entered into a divorce stipulation which reads that the husband can claim all three of his children. I would have sold my soul just to have him sign the divorce papers. Well now my daughter is 18 and has been living with me for the past 3 years. She started working but only a summer job. She will enter college in Sept. Full time student. My question is although he has a legal document (divorce stipulation) it does not state how long he can claim the children. Can I claim her for the tax year 2010? I just won child support which started July 1, 2010. That just happens to be my daughters birthday (18). She does not make enough to claim her self and I feel he does not deserve to claim her. What is my legal rights since the stip was vague and it never said how many years he could claim her…..HELP!
I have been separated for the past 3 years and I have finally filed for divorce, during those 3 years i have claimed my 2 child on taxes. My ex states the courts will grant him 1 of the children to claim on taxes, he owes more then $3,000 in child support, takes the 4 nights a month if he takes them was recently sent to rehab for a drug problem does not interact with childrens schoold dr’s appts anything, i pay for he roof over there head, food on the table clothes on there back they have the things they need and it not provided by the father. my question is since he is in the arrears for taxes will the court grant him the right to claim 1 of them?
My ex and I share our child in a 50/50 custody arrangement. He stays with me one week and his dad the next. We live in Pa and I pay his dad child support of $450 a month (based on our combined income). This last year, his dad and I both claimed him on our taxes. According to the IRS tie breaker, it falls down to who has the highest AGI. His dad has remarried and his AGI on the tax return reflects his new wife’s income. My question is does the IRS include her income and thus give the exemption to his dad. I don’t think it would be right that one government agency (Pa state) does not include the new spouses income for calculating child support and then another government agency (IRS) include it for exemption purposes….
Me and my wife are separated and have a daughter, I pay over 700 dollars a month for food and clothing for my baby. Can she claim our child on her taxes without my consent and not share the earnings she gets?
I am the non custodial parent of my 23 year old daughter. In 2009 I claimed her on my taxes and she is on my health insurance as well. In November of 2009 my daughter purchased a home with my ex-wife. This places her on the deed as co-owner of the home.
My question is, can I still claim her as a dependent on my Federal Tax Return for the year 2010? This is of importance, because I would like to continue to carry her on my employer’s health insurance plan.
I was the sole care taker of my son,he never lived with his father.his father never gave him his last name untikl he was 10.how do i find out if he claimed him without me knowing.
i’m 16, and filling out the FW-4 form. Can I be named as a dependant to my mother? This form confuses me.
My ex husband and I have joint custody. We live in Missouri and after the decree with the children ordered to live with me and see him every other weekend and one evening a week my ex husband moved where we origionally from, California. He has seen them once in a year. The judge had said he could claim them. I have asked him to let me claim them to help me care for them but he refuses. What can I do? I have 5 children. My two oldest boys are now living with my ex’s parents along with him. No rules with my husband and my boys are allowed to do whatever they want. For boys 17 and 18 they love no rules and hanging with their dad and being able to smoke, drink and whatever else. Anyway is there anything I can do?
IS THERE SUCH A THING THAT ONE HAVE MADE TO MUCH MONEY, TO CARRY A DEPENDENT? WHAT IS TO MUCH MONEY? I HEARD THAT SOMEONE CARRIED THEIR DAUGHTER, HIM AND TH WIFE ARE DIVORCED. THE EX WIFE GAVE HIM PERMISSION TO CARRY THE DAUGHTER ON HIS TAX RETURN, BUT AFTER HE FILED, HE WAS TOLD THAT HE MADE TOO MUCH MONEY TO CARRY A DEPENDENT. IS THERE ANY SUCH THING AS MAKING TOO MUCH MONEY TO CARRY A DEPENDENT?
if the non-custodial parent is court ordered to carry the heath insurance and the kids DO NOT live w/them or see them can they claim the kids on their tax return?
My husband has a signed 8332 form from his ex-wife. Original divorce decree does not designate who claims the 2 children so he claimed one and she claimed one until she got the child support upped where he pays 80% of the support, agreement was he claims both for 3 yrs(one turned 18) and she gets the one for the last yr they can be claimed. Mother threatened to claim the children in 2008 since she stated he was in arrears(husband had an overpymt). Now receiving a letter for IRS that she did clm children and we need to prove our dependents. How is it determined if a parent is in the arrears and cannot claim the exemption? Does this have to go to a court or does the IRS conduct the determination? When adjusting support to take one child off, adjustment was made for the overpayment but my husband also let her have an extra 700.00 which was listed by the Child support officer as arrears for 3/07. Can the IRS use this to state we cannot have the exemptions and then we would have to go to court to prove it was not arrears?
What do u think the outcome would be in court about my sons situation? He has recently left his girlfriend, they were never married, they have two kids together. She is on Social Security/ Disability, when my son works, she is taking my son back to court to update the child support that has already been established about two years ago. She is asking for $100/ week and also half of his income tax, so do you think she will get what she is asking for or, is it unreasonable? Also she told him if she doesn’t get what she is asking for then he won’t be able to claim his children, can she deny my son to claim his children when she don’t work?
Husband and I are divorcing after 22 years. I have been stay-at-home mom, and he has worked and provided the health insurance through his work to our family. I will go on COBRA after the divorce. The kids are full-time college students (19 and 21 years-old). The kids live with me when they are not at school.
My husband says that he MUST take them as dependents upon his taxes, because they are dependents on his health plan at work.
Is this true, or can we each take one kid as a dependent on our taxes?
Thanks much!
My boyfriends mother claimed him even though he lived with me for 5 months and before that he stayed mostly with his father and only lived with her a couple days a week, she didn’t buy food for him most of the year because he was always either at work or at his fathers house. If she already claimed him and received the money is there a form to fill out against her and get that money back? We live in MA and he was 18 when she claimed him.
My question is for a friend who has a19 yr. old daughter doesn’t work or go to school. Father has custody all the years. Now daughter calls and tells me boyfriends mother is claiming her states she lives there wrong resides with father but comes an goes when she wants aunts godmother boyfriend friends etc. father has the right to claim her but boyfriends mother already did what can he do to get her to pay for doing this the daughter would do anything the boyfriends tells her to do.. Help this father please …..
My daughter is 11, and has been in Arisona with me for 54 days and is supposed to return to Michigan, she doen’t want to return to Michigan wants to live in Arizona with me. I have Joint legal custody and shared physical with the mother having primary residence. what can I do to keep her in Arizona
My daughter is a full time student. She came home last year for about 2 months total and lived some time with me and some time with my husband ( we have been separated for 9 years). He pays for her college expenses. Can he legally claim her as a dependent? She is 21 years old.
I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his.
I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his. I am the custodial parent and the judge initially ordered we split the depedent tax claims on our four children in 2007. He always claims the older two, I always claims the youngest, and ever other year we alternate the middle child. Is this legal. After doing some research, I wonder if I should be claiming all of them. The current situation is that his last three tax returns state he made 0 income (he has a business degree and a realestate brokers license). My children have lived solely with me in 2010, with some visitation starting in September. Prior to 2010, he just had visitation. Can the judge legally deny me from claiming all of my children. Oh, and of course my income is higher than his. Cancel
My son’s father and I have never been married. For the last two years we have done the “joint custody” (biweekly) verbal agreement and we have never been to court. Every time my son goes to his father’s something comes up and he comes home (to me) early. I have claimed our son on my taxes each year because of this and because he hasn’t had a job since I was pregnant. This year his father stated that he is going to claim our son no matter what, because it is first come first serve. I disagree with this because he hasn’t been great about getting our son every other week as we agreed previously. In fact, he only saw our son a total of 23 hours for the month of August. My question is, how can I prevent him from claiming him when he clearly hasn’t provided anything for our son? What can I do to keep him from gaining from his dishonesty? I can’t afford a lawyer… I just lost my job and Im currently a full time student… Do I have any other options.
It is stated in my divorce decree that my ex can claim our two children as dependents (they do not live with him) with the exception” that I shall have the right to claim the children as dependents for any year that HE cannot claim the children due to IRS regulations.” What exactly are these regulations? Do I have a right to claim them instead of him?
Hi!
I am the biological father of my daughter(we never been married with mother of my daughter). Now the mother of my daughter returned to her husband and lives with him. Our daughter (10 months old) lives with mother’s grandparents in another country (not US). Now she and her husband want to claim my daughter on their tax return though they have not sent any money and my daughter does not live with them. I was sending money overseas half of the year, then they refused to take money from me I guess so that I do not have rights to claim.
my question is: can theyl legally claim my daughter on their tax return even if daughter does not live with them neither with me and there is no custodial agreement?
thanks in advance
If my boyfriend’s ex-wife claimed their two kids on her 2009 tax return, can my boyfriend claim atleast one child on his 2010 tax return??
Thanks!!!
me and my husband are seperated not legally but seperated. we have a daughter and she stays a week with me and a week with him. i have claimed her on food stamps and medical and he has recently done the same. will my benefits be effected. and is anything going to happen legally? ( the people at the food stamp department doesnt know she lives off and on)
I am the non-custodial parent and have joint custody. In the divorce decree it is stated that I am allowed to claim both of our sons every year beginnign this next tax season. My ex-wife is the custodial parent, but has outstanding education loans and her refund always gets garnished and paid towards those debts, thus we decided that I would claim the boys. There are no stipulations that I have to give her any percent of the refund.
I am about to move from Ga, where she and the boys live also, to Texas with my new wife. What problems will this create for me, because they will be living with her more than me, yet over half of their support will be from me, because she does not work. She receives support from her previous Ex for the son she has with him also.
My ex- girlfriend and I have a son together who will be 10 in December. We have joint custody of him. She has not worked at all this year. She has strickly been relying on my child support, welfare, food stamps, and her parents. Her husband does work, but he’s a cook, so he doesn’t make much. Since our son has been born my ex’s father has been claiming my son. They have lived with her parents off and on for several years. This year I want to claim him, but she does not want me to. In our agreement it does say that she gets to claim him. My question is if she is not claiming him and her father is, shouldn’t I have rights to my son before he does? I do supply half of the support. Will I get into any trouble for claiming him against her will? Is there anything I can do to have rights to claim him? Is it even legal for my son’s grandfather to claim him if he has not been providing half the support and he has not lived there for mor than a few months?
So taxes are coming up? I have a son and he is with me 50% of the time. The other he spends with his mom. Her and I are not together, so am I able to declare him. He is 1 1/2 years old and she claimed him last year, and I am planning on doing so for next year. My concern is this though All his papers for example, doctor appintments,birth certificate,etc have him living with her. The only thing I myself have that I recieve in the mail to show prove that he lives with me under my address is a copy of a Bank statement that I opend up an account for him. So please let me know thanks……
My friend is on public assistance in NY and is not allowed to claim her children for taxes at the end of the year. She would like for me to claim them. Is this legal?
My ex husband is claiming our baby as his dependant, i didnt know this and i am claiming her to as my dependant. the baby lives with me she is 9 months now she has always lived with me, he doesnt pay child support and he has NEVER helped the baby at all. I need to know if it is legal for him to claim her and what can i do to stop him from doing this.
My ex has physical custody of our daughter. Since she hasn’t worked all year and the rest of the year. Can I legally claim her during tax season next year. Thank you.