Who can claim kids on taxes if it is not in divorce decree and we have joint custody?

Question

my x worked very little last year and thinks she can claim kids. our decree doesn't specify about taxes but we have joint custody and they are with me more. there is no child support granted to either one of us

Answer 1

If you can demonstrate that the children lived with you for more than six months (even six months and one day,) then you can claim them. If you can't, or they lived with you exactly six months, then the parent with the higher gross income can claim them.

See the IRS publication 501 for more information, specifically Table Six.

http://www.irs.gov/publications/p501/ar02.html#d0e3290

Answer 2

First of all, if you both agree, either can claim the kids, it is up to you. If you cannot agree, the dependent goes to the parent that has the kids most of the time. It can work out to days or hours, but the "custodial" parent has the dependency if there is a fight over claiming the kid. The parent with custody, and that is defined to who has the child physically most of the time, has to sign a form allowing the other parent to claim the child. The best thing is to work out who gets the most money and let them claim the kid. Then you make whatever financial arrangements.

Answer 3

Depending on home many kids, split them up, i.e. 2 kids, you claim one, he claims one. Or you can take turns cliaming them. Unfortunately, joint custody is joint custody, whether or not you have them more or your ex worked less. The IRS doesn't care. But make sure you work out an arrangement with your ex because if he files his taxes first and claims them, you can't. (Speaking from personal experience)

Answer 4

once you get your taxes accomplished, soak up your court papers. A tax expert will shelter this for you. Plus, they'll turn her into the IRS if she has been claiming them once you will desire to have been waiting to. Then she would be waiting to would desire to pay returned all the money she have been given. until you and her have an as much as date replica of the divorce decree which states that she would be able to declare the youngsters, then she would be able to't. (i do no longer think of they alter a divorce decree the two.) as a techniques because of the fact the shifting and the motor vehicle you paid for, i'm sorry, seems such as you get carry of screwed. i does no longer hear to what she says, she would desire to be making it up or thinks she is conscious what her rights are, yet she probable would not. Use your tax accountant, because of the fact of this they gets a commission plenty.

Answer 5

I was always told that it goes to whoever files first. However, you can contest it if she beats you but I am not sure what the process is. It works out better if you guys claim them every other year (you one year, her the next, etc)
A friend of mine used to figure out who would get more back by claiming the kids, then pool the money and split it.
Also, child support isn't taxable, but child care is.

Answer 6

There is a multiple support form that each of you can sign that gives the exemption to whichever of you you agree to let have the exemption. You will need to work out this arrangement before each of you files.
If you each file claiming the exemption and you don't have the form the IRS will disallow the exemption on both returns and tell you to work it out and whoever gets the exemption will have to amend their return to take the exemption after the IRS notices are received.

Answer 7

Why don't you take turns claiming them? That would be the most fair thing especially if you have joint custody. No need to be greedy.

Answer 8

Usually, the Mom unless the Mom agrees the Dad can have the deduction. The divorce would decide who gets the deduction but usually it is the Mom unless the Dad has good reasons for asking for the deduction.