I'm the primary custodian 92% with me and the rest with him. He wants to claim her every other year for tax return although my daughter leaves with me. Is this possible?
2006-10-18 19:09:02 · 17 answers · asked by TinyMe 1 in Family & Relationships ➔ Marriage & Divorce
he can only claim her if he has been providing for her 60% of the time. I don't think he qualifies. But if your not going to claim her then why shouldn't he. When it comes down to it . you can claim her leagally and he can claim her illegally, and not get caught so long as you both don't claim her at the same time. By the way, if he does claim her i would demand a part of that money that he gets back on her.
2006-10-18 19:19:41 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I 2nd faith's answer H&R block should be able to tell you or a tax agency where you live. It is hard to answer this because they were never married and she is no longer a dependent of his if the child lived with you and he was her main financial contributer maybe but since that is not the situation I do not think he would be allowed too. Really though check with a tax expert.
2016-05-22 01:21:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
yes it is as long as he pays child support and in some cases he might still be able ot claim her even if he doesnt. get a custody order and if there is one make sure it states that he can not claim her on his tax return. if ts not in there then you might both end up claiming her and both be audited. you would win but once you get through all the court crap your return went out the door. make sure it states that he cant if it doesnt modify it so it does!!!!
2006-10-18 19:50:39 · answer #3 · answered by evilella 3 · 0⤊ 0⤋
Yes it is possible. Eventhough you are the custodial parent he can claim her every other year. My husband has children from a previous marriage and he claims two of them every other year.
You should check the custody laws and tax laws regarding this just to be sure.
2006-10-18 19:26:08 · answer #4 · answered by NyteWing 5 · 0⤊ 0⤋
What does your divorce/custody papers say? If it's not in there, he doesn't have a claim. The federal law states that THE DEPENDANT MUST HAVE LIVED WITH YOU FOR AT LEAST 6 MONTHS OUT OF THE YEAR.
2006-10-18 19:13:30 · answer #5 · answered by just me 4 · 0⤊ 0⤋
It depends on how much he provides for her support. It should have been part of your divorce settlement as to who gets to claim her. However if you don't get to claim her as a dependent you can file as head of household which will give you some added tax breaks
2006-10-18 19:13:14 · answer #6 · answered by peacelovejoy 3 · 0⤊ 0⤋
Legally, he can only claim the amount he contributes to her care. If he is paying support he may be about to claim more than than just the time he spends with her.
But I don't think the every other year is legal.
2006-10-18 19:12:35 · answer #7 · answered by San Diego Art Nut 6 · 0⤊ 0⤋
Of course he can but he shouldn't. Since you have her more than 50% of the time you should claim her every year.
2006-10-18 19:15:19 · answer #8 · answered by Jessica C 3 · 0⤊ 0⤋
That should have been stated in the divorce papers. If it was not, then it needs to be settled through the courts. All of the facts will enter into the decision. (Your income, his income, amount of child support, and probably other things)
2006-10-18 19:25:21 · answer #9 · answered by old_woman_84 7 · 0⤊ 0⤋
He can do it if he has her social security number. You need to get that straightened out on paper with a judge along with some visitation and child support...that all goes together....then you won't have to worry about him claiming her without your permission.
2006-10-18 19:12:13 · answer #10 · answered by kamsmom 5 · 0⤊ 0⤋