how can a non-custodial parent claim child on taxes, if child support is up to date?

Question

my son lives with his mom, all the time. i have visitation, she stopped letting me see our son.
she is contemp. my attorney said i can claim our
son each year as long as my support is up to date. Is that true ?

Answer 1

nope that is NOT true... you can not automatically claim the child on your taxes if its not on a court order.

contact or not, support up to date or not, if you dont provide more then 50% of that childs living expenses a year, you cant. if that child does not live with you for the majority of the year, you can not.

i think you need a more educated lawyer... this one isnt helping you. they just gave you a 'yeah sure, go ahead' answer instead of researching it first. why? because its not their *** on the line with the IRS if they are wrong.

child support is not taxable nor deductable. just the child is as a dependent... and only to the parent whom the child resides with most of the year and/or provides more then 50% of living expense to.

if your payments are are huge, lets say, $3,000 per month, then i'd say yes you have a shot at it.

at this point, you need proof i am sure, so here it is.

btw, if you both claim the child(ren), you both get audited. the one with the childs expenses receipts wins.

http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html

Answer 2

No it's not. The custodial parent gets the exemption unless there's a court order (like part of the divorce agreement or the child support order) saying that the non-custodial parent can claim the child, OR the custodial parent gives the other parent written permission to claim the child, and says in writing that she won't claim him.

Answer 3

The Earned Income tax form used for claiming children states that you can only claim a child if they have resided with you for more than 6 months of the year. The IRS is not one to mess with. You're much better off to settle this issue with your local probate court. File a Contempt of Court petition - that's your best bet.

Answer 4

If there are any situations listed interior the contract, like having the ability to declare her if he's modern-day on newborn help, then the contract doesn't have valid wording and the IRS received't settle for it. otherwise, it really is going to be ok, and is from again previously a kind 8332 change into required to be connected to the go back - he might want to pass ahead and declare her, mail interior the go back and fix a replica of the proper area of the contract. She received't precisely get in hassle, yet can ought to pay again something she were given by potential of saying her that she wasn't entitled to. word that your husband basically gete the exemption and newborn tax credit, he can not get EIC because she dcoesn't stay with him. If the mum qualifies for EIC, she nevertheless receives it in spite of if the dad claims the newborn.

Answer 5

I know from experience that you can only claim your son on your taxes if 1st its in the court papers stating that you can. 2nd you have to have permission from the mother and you also have to your child's SS# to do so. You cant just do it because your child support is up to date. Your child's mother could have already had her taxes done and if you went ahead and filed and used your son then you could get in major trouble due to each child can only be claimed on taxes 1 time per parent per year.
Make sure its stated in the court papers before you do anything!!!
I'm really sorry to hear about not being able to see your son and all but if you really want to see him then you can have her put in jail. But that is totally up to you!!!

Answer 6

No.

1) If there is a divorce decree, what does it say?

2) In absense of item in the divorce decree, the custodial parent always gets the exemption unless they sign it away to the non-custodial parent.

Answer 7

mostly it is stated in the divorce papers who gets to claim him.
With one kid it mostly is like every other year
If it is not in the divorce papers and your attny says you can I would get it in writing first. And if your ex files first and claims him and than you try it could hold up your return. I would verify what your attny said with a tax preparer

Answer 8

you cant claim him for the earned income credit cause he lived with his mother but if you go to h&r block theyll show you how you can claim your child support as long as it is up to date which will help you with your taxes

Answer 9

he can't