last year he claimed both...and i was to claim both this year....now he is telling me that i cant because they live with him last year and hes going to!...can he claim them both years...we have no court order as to who does what as we have always worked this out on our own
2007-01-28 13:55:55 · 10 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
this is a tax question not the dr phil hour....what does that have to do with the kids? we moved and the kids moved with me what does that have to do with taxes? there isnt even any fight going on i just wantd to know my rights....how dare you be a judgemental asss? get a life lady.. im referring to the first idiot that answered.
2007-01-28 15:10:06 · update #1
those poor children.
I think it's about time that you two thought about what was best for your kids.
they can't just change who they're living with everyyear and expect to come out emotionally undamaged.
Growing up they need structure. They need set rules, and limitations, they can't just randomly change everyear.
That could have potentially HORRIBLE results on them as they grow up.
2007-01-28 13:59:45 · answer #1 · answered by Anonymous · 0⤊ 4⤋
The parent with whom the children lived the greater part of the year is entitled to claim the children on the tax return. For tax purposes, this parent is the custodial parent.
The noncustodial parent can claim the children for the dependency exemption and the Child Tax Credit only by getting a signed Form 8332 from the custodial parent, or signed legal document like a court order.
The noncustodial parent cannot claim the Earned Income Credit if the child lived with the noncustodial parent for six months or less.
Perhaps you and your ex-spouse can agree that he takes the Earned Income Credit and you take the dependency exemption and the Child Tax Credit.
Hope you and he can come to some agreement if you are both supporting the children.
2007-01-29 07:20:38 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
Where support is provided by both parents, the custodial parent is treated as providing over half of that support and is allowed the exemption for the dependent. If the custodial parent signs a written declaration in a manner and form prescribed by the IRS, and the noncustodial parent attaches this statement to his or her return, the noncustodial parent is allowed to claim the exemption. The manner and form does not have to be Form 8332, but it must contain the following:
1) The names of the children for whom the claim for the exemption is being released;
2) The year or years for which the claims are released;
3) The custodial parent's signature confirming his or her consent;
4) The custodial parent's social security number; and
5) The date of the signature.
The consent statement the custodial parent signs must specifically state that the custodial parent wouldn't claim the child as a dependent for any tax year beginning in that calendar year. Most divorce decrees are not this specific and do not meet the requirements as an alternative to Form 8332.
Court decrees about this issue generally only provide guidance.
2007-01-28 22:07:35 · answer #3 · answered by uofmigrad 1 · 1⤊ 0⤋
I agree with the first answer. That isn't a very good arrangement for your children. But, since you don't have a court order or anything there is nothing that can stop your ex husband from keeping the kids. You need to take him to court and work it out legally.
2007-01-28 22:02:37 · answer #4 · answered by x__brand_new 2 · 0⤊ 0⤋
Without any court order the person why had custody for the longer period of time gets the exemptions.
Even with a court order it must meet very specific reqirements for the non-custodial parent to get the exemption.
See IRS Pub 501 for further information.
2007-01-28 22:41:42 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Honestly, you should have had this in writing. It should have been placed in your agreement or divorce settlement. Were the kids with him in 2005 when he claimed them for 2005? Or, were they with you? I would sit back down with a different lawyer and talk before you say anything to your ex. Or, I would file asap and tell him that you already filed. Turbo Tax. But, remember...who ever gets it in first..and you may be opening a can of worms and war.
Keep this separate from your kids...I hope you both are mature enough to not use the kids as pawns.
2007-01-28 22:04:50 · answer #6 · answered by What, what, what?? 6 · 0⤊ 1⤋
Usually the custodial parent claims the kids....if you don't have a court agreement, that's going to be between you two. If the kids lived with him more than they lived with you, he should be able to claim them as dependents, and vice versa.
2007-01-28 22:01:26 · answer #7 · answered by wondering... 2 · 1⤊ 0⤋
Sorry, but it should be in the court order. Some states have that as part of their generic child support order. You should look into it. If you had them last year, you could be able to still use them to qualify as EIC . . but not if he had them.
p.s. I don't think this has anything to do with emotionally damaging them . . . you're talking about IRS stuff and your verbal agreement I don't know what the other person is talking about when she's talking about all that fluff . . . who does she think she is ? LOL
2007-01-28 22:00:08 · answer #8 · answered by kswildangel 2 · 0⤊ 1⤋
unfortunately if there is no legal document there isn't really anything be done. I would just try to discuss this with him and maybe you could compromise on each just claiming on kid each. do your best to leave the kids out of it ( i have parents that are divorced and it is a little hard to hear your parents bicker about this kind of thing)
good luck!
2007-01-28 22:02:18 · answer #9 · answered by Johanna 2 · 0⤊ 0⤋
If he can prove to the IRS that he provided more than 50% to support the children, he can claim them if there is no court order or any other binding agreement,
2007-01-28 22:00:57 · answer #10 · answered by Ti 7 · 1⤊ 1⤋