Now that we are divorced he says I can only get credit for 2 children on my taxes, so he should claim the 3rd. I am not sure if this is true or can I claim all 3 and get the credit. Anyone able to help me.......
2006-10-10 07:17:59 · 13 answers · asked by T K 1 in Family & Relationships ➔ Marriage & Divorce
He is right and wrong.... yes you can claim all three but you only get credit for two... Let him claim one. No sense in letting the government have it. Most divorce decree's and or state guidelines specifically states that the custodial parent shall claim the minor children in even years and the non custodial in odd years. In your case he would claim 1 in even years and 2 in the odd years. However, It also state that the non custodial parent must be current in his child support obligations to receive this benefit. Go on line and check out the TN state Child visitation guidelines handbook. It should list everything you need.
2006-10-10 07:20:10 · answer #1 · answered by shughes2000_2000 5 · 0⤊ 0⤋
This is only true if you talking about the earned income credit. In order to qualify for EIC your income must be within a certain range (sorry I don't remember the amount. check this with the IRS) if you fall within the guidelines than yes you get the maximum with only two children. However if you income is above the limits for EIC then you can claim all three children and get the child tax credit. But if your husband is paying support and helping to take care of the children what harm is it to let him claim one?
2006-10-10 07:30:38 · answer #2 · answered by juicie813 5 · 0⤊ 0⤋
I think you should ask the IRS. Where I live you only get credit for 2 but then you get an additional child credit if you have more than 2. He shouldn't be able to claim the 3rd child cuz you could get in trouble because they live with you.
2006-10-10 07:25:35 · answer #3 · answered by pinkberry 3 · 0⤊ 0⤋
Claim all of them. The way t usually works is you get a good deduction on the first, a small amout on the second, and very little after that. It sounds like he's wanting to claim one of them on his taxes. But if you've been claiming 3 and all of a sudden claim 2, the IRS will look at why you made the change.
2006-10-10 07:22:34 · answer #4 · answered by nursesr4evr 7 · 0⤊ 0⤋
you can claim all 3 but will only get credit for 2
2006-10-10 07:28:07 · answer #5 · answered by Kathy 4 · 0⤊ 0⤋
Your divorce papers should state who gets credit. If you have the children then usually it is the custodial parent (the one with the children) that gets all the credit. If the divorce papers don't make it clear then you should contact a CPA in Tennessee to find out what the law says.
2006-10-10 07:21:21 · answer #6 · answered by Emma 3 · 0⤊ 0⤋
it depends on what the judge decided when you two went to court... you can only get earned income credit for 2 of the children but you do get some credit for the 3rd. it should be listed in your court papers as to who can claim the child and the grounds on doing so.
2006-10-10 07:25:48 · answer #7 · answered by mamasgirrl25 2 · 0⤊ 0⤋
If you have primary custody of the children then it is you that has the right to claim them on your tax returns. He is just trying to get himself a tax break which could come back to haunt him if he does claim one child and does not have custody of that child. It's called tax fraud and is punishable by fines and/or jail time.
2006-10-10 07:22:51 · answer #8 · answered by mzmscheeveeuhs 3 · 0⤊ 0⤋
the custodial parent is the one who is able to claim the children, regardless of number, on the income tax - it is reported from the home in which they abide
2006-10-10 07:20:50 · answer #9 · answered by Marsha 6 · 0⤊ 0⤋
I don't know how that works but you only get earned income credit on two kids any.Look on your tax records and you'll see.
2006-10-10 07:38:13 · answer #10 · answered by roni_lane81981 2 · 0⤊ 0⤋