We'll settlle the divorce agreement this month, he wants me to sign a mutual agreement for us to claim our daughter as a dependent , switching every other year. He makes more money than I do, she lives with me, he pays child support. Is this legal?
2007-01-05 10:40:18 · 6 answers · asked by Carioca 1 in Politics & Government ➔ Law & Ethics
Yes, that would be possible. If she lives with you for more than half the year, and he does not provide more than 50% support, you would need to file IRS form 8332 (Release of Claim to Exemption) every other year. The IRS specifically allows this as part of a divorce agreement. There are requirements, such as specifying that the other parent will not claim her as a dependent, and attaching the divorce papers to the tax return. As I read it, the initial agreement has to specify the years in which the deduction will be transferred. Make sure it is done correctly with your attorney and tax preparer.
BTW, if he actually provides more than half of her support (including what you pay for food, etc.), he is entitled to claim her as a dependent whether you object or not. Custody is not necessarily the determining factor, although absent other evidence the person with the majority of custody is presumed be be paying the majority of support. But if he is paying very high child support, this may be more to your benefit than his.
This kind of agreement is to make it fair between two parents who are both paying support in substantial amounts, but only one can claim a deduction.
2007-01-05 10:57:25 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I believe the law grants for tax status with child claimed as a dependant, BUT the child must be living with..... I pulled most of the answer i gave since i was wrong , here is the correct answer: In the divorce decree you need to add a provision that allows him to claim her everyother year or you can sign a 8332 form (at your tax office) on the top portion only giving him permission for that year only (DO NOT SIGN THE BOTTOM FOR THAT GIVES HIM PERMISSION FOR THE REST OF THE CHILDS LIFE) or put in the divorce decree that you are the only one that can claim her on your taxes for the exempt credit and the earned income credit and the child care credit tax, but you need to have something in your divorce decree or he will try to use her without any thing and it is whoever gets their taxes done first who get the credit.
2007-01-05 10:55:30 · answer #2 · answered by Anonymous · 0⤊ 1⤋
It is only legal if you agree to it. Don't agree with it. You are the one taking care of the child, feeding, clothing, healing, staying up all night. Please don't sign the paper just tell him politely you don't agree with his point of view because of the things a single parent has to do. It is not being selfish it is being practical. Even if he pays his child support the way he is supposed to you will still be paying for things that cannot be accounted for through child support. You take care of your child 24/7 except for the time he has you child and believe me there is NO comparison. Good Luck and please don't sign.
2007-01-05 10:52:46 · answer #3 · answered by tpbthigb 4 · 0⤊ 0⤋
nope. consult with your divorce lawyer to include a provision in your agreement on how and whom will claim your daughter on whose taxes
If she lives with you more than 50% of the time, the child should be claimed by you as a dependent.
No "every other year" Bullcrap.
2007-01-05 10:50:12 · answer #4 · answered by arus.geo 7 · 0⤊ 1⤋
Ask your attorney. I believe the custodial parent claims the dependent, but you definitely need to ask your lawyer.
2007-01-05 10:48:12 · answer #5 · answered by Melanie D 3 · 0⤊ 0⤋
THEN HE WOULD BE FORKING OVER MORE CHILD SUPPORT ..OR GO BACK TO COURT AND FILE FOR FULL CUSTODY AND CHANGE HER LAST NAME TO YOUR MAIDEN NAME AND CHANGE BACK TO YOUR MAIDEN NAME FOR HER SAKE !
2007-01-05 10:49:19 · answer #6 · answered by Cool Guy seeks Cool Young Lady 1 · 0⤊ 1⤋