Who technically gets to claim a child if both parents are split up??? My child lives with me and always has but for the past three or four years both me and her father have been claiming her. He always beat me to the punch and I guess he thinks that mean he gets to claim her...but since she lives with me and these last few years I have paid more for her according to our child support worksheet so, I also did. I ask this question because all this year (according to child support enforcement) he has paid more child support because he makes more money. They took both of our incomes and by that determined how much our child costs. Then they split it up so he pays like 58% of her so called cost and I pay 42%. Who shall be allowed to claim her this year???
2006-12-15 06:03:17 · 13 answers · asked by MonsterMom 2 in Family & Relationships ➔ Marriage & Divorce
Screw him. What gives him the authority and the right to claim the kid and not you?!?! You should tell him that you're claiming your child and that's that. If he wants to take you to court over it, let him. Call his bluff. He will be in a world of misery once he gets to court because the marriage laws are so skewed to favor women. Just cry in front of the judge and let them know that your ex is not being a good father to your child.
2006-12-15 06:16:42 · answer #1 · answered by Sax M 6 · 0⤊ 0⤋
Whoever lives with the child most of the year. If you keep house for the child 7 months, the exemption is yours.
Check irs.gov
If the non custotial parent should claim the child you need to attach either a copy of the agreement or form 8334.
2006-12-15 06:10:24 · answer #2 · answered by Whoa_Phat 4 · 0⤊ 0⤋
In most states, the custodial parent gets to claim the child. Custodial being determined by the judge. It shouldn't matter how much support is paid
2006-12-15 06:08:49 · answer #3 · answered by kevin t 4 · 0⤊ 0⤋
you should claim her but since you are split up the stupidest thing you've done is give him the child's SSN and now you can't do this. Why don't you do the taxes before he does? with H & R Block?? or something?? this is illegal!! you guys can't both claim the child if you are separated- if the IRS send you a ltter asking of rreciepts of clothing., child care etc. you can both get in trouble because you should be the only one being able to claim and not him.
2006-12-15 06:07:02 · answer #4 · answered by Cheesy Stuff 3 · 0⤊ 0⤋
As is the case every year the parent that can PROVE their support was the MAJORITY of the child's support for the year..so keep receipts for rent clothing food utilities activities sport league fees cheerleader outings travel any and every expense that was for the child or included the child as a beneficiary of the expenditure...shared lodging as I stated at the start KEEP EXCELLENT track so you have evidence of your support to submit to the court if needed to determine which parent is entitled to the deduction...
2006-12-15 06:12:07 · answer #5 · answered by chiefof nothing 6 · 0⤊ 0⤋
Speak with a tax expert in your area but whoever is paying for more of her expenses gets to claim her, there may be a caviot in this case of it being so close of claiming half the child credit thought depending on the state you live in.
2006-12-15 06:08:20 · answer #6 · answered by cisco_cantu 6 · 0⤊ 0⤋
I would say whoever has primary custody or the bigger percentage of visitation claims. If both of you claim her the IRS will have a big problem with that. I know for me I have primary custody of my son so I get to claim him. His dad could try but would get in trouble because i have a divorce decree stating custody.
2006-12-15 06:06:35 · answer #7 · answered by carangel82 2 · 0⤊ 0⤋
My ex and I have joint custody and we have decided to simply split the return every year regardless of who files. So this year I will be giving him half of what I get for our child. I think that's a fair deal. Of course if your ex has filed every year for the past few it seems as if it's your turn now.
2006-12-15 06:11:54 · answer #8 · answered by Candy C 2 · 0⤊ 0⤋
The custodial parent gets to unless the divorce decree says otherwise.
I get to claim my daughter in the odd numbered tax years. So my ex get's to claim her this year, and I the next.
Source(s):
2006-12-15 06:27:36 · answer #9 · answered by camys_daddy 5 · 0⤊ 0⤋
If the child is in your custody more than 50% of the time, the deduction is yours.
2006-12-15 06:10:02 · answer #10 · answered by Hank S 2 · 0⤊ 0⤋