glad to see a good guy... love a good guy. thank you :)
dont listen to these people, you check out the info for yourself (links below) because its YOUR *** held responsible.
there are several ways of handling this, depending upon your ex and the papers.
1) if its not listed in your divorce papers (such as every other year taking turns claiming) and if you are civil w/the ex, talk about every other year splitting it. if she isnt willing, contact a legal aid office in your area. they are in every state and most counties.
2) the IRS just cares about one thing; who pays for more then 50% of thats childs living expenses.
3) if you both file (such as one files while the other says they wont or refuses to budge) then BOTH of you get audited. no joke.
two links that will help a lot w/questions about this issue.
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/taxtopics/tc422.html
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oops, forgot the other links incase you had any other questions. just click on your state and find the section you need.
http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
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2007-01-03 19:35:06
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answer #1
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answered by Yvette B yvetteb 6
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In most situations, the divorce decree determines who gets to claim the child for each year. In absence of anything written, it is determined by the facts and circumstances of the situation, mainly with whom the child resides and who provides the majority of the financial support for the child.
Remember also that child support is not deductible, but alimony is. If your ex-wife is not taking the child as a dependent, you are allowed to if you are providing the majority of the financial support for the child. Good luck.
2007-01-03 18:44:59
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answer #2
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answered by bjlevine 3
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If you have custody and the child lived with you for more of the year than he or she lived with the mom, then yes you can. If you're the one paying the child support and the child doesn't live with you, then you can only claim if you have a written agreement with the mom that you can do so, either as part of the divorce decree or another written agreement.
2007-01-03 18:29:49
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answer #3
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answered by Judy 7
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Well it depends on the agreement with your x wife..
my mom and dad they switch every other year claiming me on taxes ( my dad pays child support too )
so one year mom claims me
next year dad does
2007-01-03 17:30:56
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answer #4
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answered by Nate K 2
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You canif the childlives with you and you have been made custodial parent. But who ever has custodial can use the child on their tax return.
2007-01-03 17:26:00
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answer #5
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answered by Anonymous
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As long as your're the custodial parent and the divorce decree grants you the deduction.
2007-01-03 17:32:04
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answer #6
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answered by Bostonian In MO 7
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Only if the child resides with you.
2007-01-03 17:23:36
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answer #7
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answered by Anonymous
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hell yeah fool. you crazy?
2007-01-03 17:22:48
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answer #8
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answered by Percy Z 1
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