where the children live with me do i have the right to file for them or does their father also have the right? he says where we do not have anything in writing in our divorce papers or custody papers that he can file for them. is this right?
2007-02-01 04:31:52 · 21 answers · asked by my2kids 1 in Family & Relationships ➔ Marriage & Divorce
you do
2007-02-01 04:34:21 · answer #1 · answered by Anonymous · 1⤊ 1⤋
At most states, only the parent who give MORE than the 50% of the support of the child. In this case tha's probably you.
The divorce and custody have nothing to do with the tax in this case. Just to be sure ask at the Tax Office, this is very common question in all states so they'll surely have a quick answer. If they tell you that you can file them then do it and do not argue with your ex, if he want to file a false tax claim let him get in trouble.
2007-02-01 04:41:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Whoever has the children the most is the one who should file them. The irs says that if the children live with you for 6months or more you have the right to file. This basically means that if you have the children more than 50% of the year. you should file.
If you both have them equally, then you both are entitled, and in that case you should file one child & he should file one to make it fair.
Otherwise, you all just have to come to some sort of agreement as to who will file both of them.
2007-02-01 04:39:17 · answer #3 · answered by Mommy of 3 5 · 0⤊ 0⤋
My husband has two daughters from a previous marriage and he has joint custody but they live most of time with the mom. We claim one child and she claims the other. This is also stated in the divorce papers. It is also the fair thing to do in my opinion....
2007-02-01 04:35:54 · answer #4 · answered by Ali 2 · 0⤊ 0⤋
if the children have lived with you for over 6 months out of a year then you have the right. Only one parent can file.
2007-02-01 04:35:10 · answer #5 · answered by Ruth Less RN 5 · 1⤊ 0⤋
You need to check with an attorney. This should have been covered in the divorce. I have two and my x claims one and I claim the other. You could also switch off years, but that might not apply since you have the physical custody. You really just need to contact an attorney. They will tell you what you need to do .
2007-02-01 04:36:49 · answer #6 · answered by NolaDawn 5 · 0⤊ 0⤋
It does not matter who is the custodian parent. If the children were with you more than 6 months and 2 days out of the year, you have the right claim them; however, if their father had them more than 6 months and 2 days, he has the right to claim them.
2007-02-01 04:41:36 · answer #7 · answered by Nisha 3 · 0⤊ 0⤋
Legally, I believe you have to each file a kid, as you have joint custody. (Because he's responsible for child support, so therefore helping take care of the children.)
2007-02-01 04:42:51 · answer #8 · answered by a_lot_smarter_now 4 · 0⤊ 0⤋
Normally the parent with primary custody files. You should contact your lawyer to find about the laws in your area.
2007-02-01 04:34:32 · answer #9 · answered by Faith 4 · 1⤊ 1⤋
No. You should both be allowed to carry one child as a dependent on your taxes. I'm not sure of your state, but all states have a provision for this. Call your court house and ask the clerk what the provision is in your state.
2007-02-01 12:47:15 · answer #10 · answered by Rhoe 2 · 0⤊ 0⤋
The parent that the child lived with for more than half the year claims the child.
2007-02-01 04:47:25 · answer #11 · answered by DL 5 · 0⤊ 0⤋