We are legally divorced and have 50/50 custody. I have our son from Monday after school through Friday when I drop him off at school. I provide medical insurance for him. My ex wants to claim him on his taxes this year but I feel I should. Which one of us can legally claim him? My ex says that if I claim him he wants half of whatever I get. Can he legally insist on that? Thanks in advance.
2006-08-11 09:13:27 · 8 answers · asked by orionsgirl76 3 in Business & Finance ➔ Taxes ➔ United States
You have more of a legal right to claim your son, than your ex, if the child lives with you all week, and sees his dad on the weekends, you have the right to claim him on your taxes. does not matter if he is paying child support, in the eyes of the gov. he owes that. Also, if your divorce degree states how you claim your child, you must abide by that. He cannot make you give him half of your refund. No he cannot legally make you give him your money.
2006-08-12 11:23:49 · answer #1 · answered by goofybored 2 · 0⤊ 1⤋
You having him 5 days a week is not 50/50 custody. Whichever parent provides more than half the support of the child i.e. main residence, clothing, medical insurance, food, etc. is the parent that can claim. Even with split custody, in your divorce agreement it should have given one of you managing conservatorship rights to make major decisions.....I say claim him, if your ex does....you are both going to have to prove expenses to the IRS, but once you are divorced, he has no rights to any refund you receive.
2006-08-11 16:19:54 · answer #2 · answered by Jan 4 · 1⤊ 0⤋
Whoever has legal custody as stated on the divorce decree claims him.
2006-08-11 16:19:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Call H&R Block, they can help answer your question. But when split up, that is really up to the two of you, and no, unless one of you pays child support, neither one of you can really insist on half payment. But if one of you is paying child support, then whoever is NOT paying is the one that is supposed to claim the child.
2006-08-11 16:20:51 · answer #4 · answered by saintlyinnocents 3 · 0⤊ 0⤋
Rotate yearly - major point to have been put in your divorce papers. Most common problems with taxes after the fact
2006-08-11 16:20:09 · answer #5 · answered by ♠♣♥Rogue♣♥♠ 5 · 0⤊ 0⤋
I have heard that you each claim him for 6 months of the year.
2006-08-11 16:19:31 · answer #6 · answered by Sunshine 4 · 0⤊ 0⤋
A CPA can give you the answers you need. I should think that both of you can claim--50% of the deduction.
2006-08-11 16:20:10 · answer #7 · answered by freedomnow1950 5 · 0⤊ 0⤋
Sorry I don't know for sure....Try contacting your attorney or a tax consultant.
2006-08-11 16:18:31 · answer #8 · answered by Deana G 5 · 0⤊ 0⤋