Ok, my X is a real jerk! just won't stop his dirty tricks. My son lives w/ me. I claim my son on my taxes. It is written in black & white in the divorce decree that I claim him. Past 2 yrs. X tried claiming son, so that held up my tax return. In 2005 my son lived w/ his dad for 7 months. He claims he gets to claim him (a call from him 2nite). I already claimed him & got my returns. Now the IRS sent me a letter & wants more info. Just cuz my son lived w/ him for 7 months, does this mean he gets to claim him? When I filed, H & R Block said no!
2006-11-29 14:04:52 · 11 answers · asked by pinky 1 in Business & Finance ➔ Taxes ➔ United States
First of all, H & R Block makes lots of mistakes, so be careful and double check anything they tell you. Even the IRS gives out bad answers, so always get a second opinion on anything that is questionable.
If your divorce decree spells it out, then you are the one who gets to claim him. Your husband will get in trouble with the IRS, not you, even if it does inconvenience you by having them audit your return. But if your divorce decree doesn't specifiy who gets to claim him, then who ever provides over half of his support during the year is allowed to claim him. Support means housing, food, clothing, medical care, educational costs. You should keep track of those expenses. Does your ex pay child support? If your son lived with him for 7 months or he paid child support for a year, then he could be allowed to claim him as a dependent, assuming the divorce decree does not specify which parent gets to claim your son.
My advice is in the future when you are sending in your tax return attach a copy of the divorce decree, highlighting the area where it says you are the one allowed the deduction. You will have to file by mail, but it could answer any questions the IRS has and won't delay the return as long as it would should they have to request the info from you.
2006-11-29 14:14:38 · answer #1 · answered by macc_1957 3 · 0⤊ 2⤋
Your ex has the legal right to claim your child if he had custody for more than 6 months of the tax year.
The order in the divorce decree does not supersede federal law. See the following for more details.
FROM an IRS FAQ: (http://www.irs.gov/faqs/faq2-3.html)
Can a court order determine who takes a child for a deduction? Does the court order supersede the IRS requirements?
Federal law determines who may claim a dependency exemption. Please refer to Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.
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The IRS specifies that the parent that the child lived with for more than 1/2 of the year is considered the "custodial parent" and is entitled to claim the dependency exemption if the other tests are met. The "non-custodial" parent may only claim the dependency exemption if the custodial parent completes form 8332 or signs a similar document.
2006-11-30 04:29:02 · answer #2 · answered by Andreas 3 · 0⤊ 0⤋
It doesn't matter who the child lives with, the divorce decree is what's important. As for your personal relationship with your X, he's probably not the only bad guy. In 2005, when your son went to live with him, did you have any change in the financial agreement in dealing with this change. I'm pretty sure that he feels he got the worse of the financial deal and thinks the least he can get is have his son as a dependent.
2006-11-29 14:45:09 · answer #3 · answered by errai14 2 · 1⤊ 1⤋
Block is correct. The decree rules. If the decree is silent, the parent with legal custody gets the exemption.
One way to end-run this and avoid holding up your tax refund is to enclose a copy of the divorce decree and attach an explanatory note to the return. Include your ex's SSAN in the note so that the IRS can quickly cross check and correct his return if need be.
2006-11-29 14:11:42 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 2⤋
Who ever has legal custody and if the child lives in the primary care givers home more than 6 months.
You should send a copy of any legal documentation to the IRS as to the agreements made on the claim.
But if he had him for 7 months and you both have joint custody....you would be the loser in this battle.
2006-11-29 14:14:29 · answer #5 · answered by Anonymous · 2⤊ 0⤋
You didn't mention his age, but that is a consideration. If he is under age 19 at the end of 2006 or, under 24 if a full-time student, you can claim him with no questions. If he doesn't meet either of those conditions, and he earned over 3300, you can't claim him.
2016-03-29 16:36:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I believe he can claim him for 2005, as dependency is determined by who has physical custody of the child most of the year. This is the single defining factor in determining dependency between two parents of the child. Either of you can claim him if you agree who will, but in a fight it is the parent who had the child most of the year.
2006-11-30 02:30:51 · answer #7 · answered by irongrama 6 · 2⤊ 0⤋
If you have supported the child 6 months or longes out of the year and he is living with you, then you should be able to claim him
2006-11-29 14:13:59 · answer #8 · answered by Kim Possible 3 · 1⤊ 1⤋
If the divorce decree states that you get to claim him, then you get to claim him - it doesn't depend on length of time he lived with his dad.
Get a notorized copy of your divorce degree and send it to the IRS as proof that you are allowed to claim him.
2006-11-29 14:08:54 · answer #9 · answered by Anonymous · 1⤊ 2⤋
The child MUST live with one of you for 6 WHOLE months minimum or more to be claimed by that parent, period.
2006-11-29 14:10:22 · answer #10 · answered by Life after 45 6 · 1⤊ 1⤋