i have my son 47% of the time and my ex has him 53% of the time.i pay child support plus 80% of daycare and health.i can't write any of this off as she has told me i can't claim head of household do to the fact he lives with her more than 50% of the time.is this true? in our divorce agreement i am to claim our son one yr and she claims him the next.but without being able to claim head of household when its my yr i don't get much of a tax brake.
2007-02-04 07:37:07 · 6 answers · asked by verizontec98 1 in Politics & Government ➔ Law & Ethics
we live in new york state
2007-02-04 07:37:25 · update #1
Only if you pay for as least 50% of the cost to raise him and she signs a from stating that you will claim him and not her.
IRS form 8332.
http://taxes.about.com/od/dependents/a/Dependents.htm
2007-02-04 07:42:10 · answer #1 · answered by Kerry R 5 · 0⤊ 0⤋
Claim it!!!
Then let the IRS work it out. :)
I think your wife is full of bologna since your agreement is that you get the claim every year.
And, during the years in which she does NOT claim him, she can't be head of household unless she has other kids.
In any case, I think you can claim head of household because of the "every other year" agreement.
Actually, she better worry as to whether or not she can claim head of household since it looks like you provide far more than 50% --- with support, daycare, and heathcare.
2007-02-04 07:39:48 · answer #2 · answered by junglejoe 2 · 0⤊ 0⤋
in case you pay health coverage on your newborn with after-tax money, you may comprise those expenditures on agenda A. As a noncustodial figure, you may't deduct daycare expenditures. you is totally not in a position to declare head of kin less than the association you describe, because the newborn does no longer stay with you for better than 50%. you'd be in a position of declare the dependency exemption and get the newborn Tax credit interior the years agreed upon see you later as you've passable documentaion that the custodial figure has waived the exemption to you.
2016-11-25 01:30:09 · answer #3 · answered by ? 4 · 0⤊ 0⤋
If you have the papers, tell her your enforcing the right to claim him, and if she wants to dispute it, call her tax preparer and let them know she is going against court order..
They will handle it.. Every state needs a waiver from the person who is claiming the child in a case like this one, which puts the company who does the taxes at risk of losing their license..
Good luck and go get was is due to you..
2007-02-04 07:53:33 · answer #4 · answered by tiny b 3 · 0⤊ 0⤋
I'm not sure, but reading all these custody issues on yahoo answers makes me glad I don't have kids.
2007-02-04 07:44:24 · answer #5 · answered by dr_tom_cruise_md 3 · 0⤊ 0⤋
you can claim head of household when it is your year, she is lying to you. along with the earned income credit
2007-02-04 07:41:23 · answer #6 · answered by glamour04111 7 · 0⤊ 0⤋