How possible is it for a father to be able to claim his daughter on his tax return every other year? I know that it is the decision of the judge in court but just curious to see if anyone has been though this. My husband and I currently pay child support, provide insurance for the child, and have her 2 overnights per week. Went to court yesterday and the mother's lawyer is saying that we have NO CHANCE. I know she is going to lie to us to scare us but...what are the chances we will be able to claim her? Thanks!
2006-08-31 07:17:16 · 3 answers · asked by yeager_renee 2 in Family & Relationships ➔ Marriage & Divorce
I am the custodian parent of 2 minor children. My ex tried to be able to claim the children as well. I was told by my lawyer and H&R BLock that the only way that he would be be able to legally claim the children is if the custodial parent signs over that right. I myself would have been willing to split it every other year had he not gone behind my back and tried to get it all the time. Depending on the relationship ur husband has with his ex there is also the possiblity that she maybe would be willing to "split" it with your husband. I believe (if I remember correctly) that he could take the tax deduction yet she would keep the tax credit. According to the consultant that I spoke to she is the only parent entitled to the "credit" because she has physical custody but they could maybe alternate years of the deduction. Something to look into anyways and maybe put out there as a "compromise". Good Luck
2006-09-01 18:10:40 · answer #1 · answered by mommy of 4 5 · 0⤊ 0⤋
If he is paying child support, I believe the child support payments are not taxed. Therefore,he would not be able to claim his daughter on his tax return. To claim another person on your tax return, generally you must provide at least 50% support and the person being claimed must live with you. Generally, I believe that since a non-custodial parent cannot claim the child on the tax return, the child support payments are therefore not taxed. It's either - or. You can't have have both. If your husband was not paying child support payments and instead his daughter was living with him, then he could claim her.
2006-08-31 14:25:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
My sister and her husband both have kids from a previous marriage. Both kids live with them and they only get to claim every other year. So it is possible.
2006-09-04 08:50:05 · answer #3 · answered by hebe935 2 · 0⤊ 0⤋