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 07:37:38 · 7 answers · asked by verizontec98 1 in Business & Finance ➔ Taxes ➔ United States
we live in new york state
2007-02-04 07:37:57 · update #1
If your divorce agreement specifies that you alternate claiming him, then on your years, you need over 50% custody in order to follow the terms of the agreement.
If your ex-wife won't cooperate with adjusting the custody amount to so that you two can keep that agreement, I would take her back to court and either change it or get her forced to comply with it.
Then, the years that it's your turn to claim him, you are Head of Household and the other years, you're Single. The IRS mimght think it's weird, but what do we care what THEY think?
2007-02-04 07:53:42 · answer #1 · answered by hatchland 3 · 0⤊ 1⤋
If you pay health insurance for your child with after-tax dollars, you can include those expenses on Schedule A.
As a noncustodial parent, you cannot deduct daycare expenses.
You will never be able to claim head of household under the arrangement you describe, since the child does not live with you for more than 50%.
You will be able to claim the dependency exemption and get the Child Tax Credit in the years agreed upon as long as you have satisfactory documentaion that the custodial parent has waived the exemption to you.
2007-02-05 07:15:32 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
You can claim him as a dependent in alternate years since it's specified in your agreement, but since he doesn't live with you over half the year, you can't claim head of household even when it's your year to claim him. Sorry.
2007-02-04 20:03:16 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
First of all if you do not live with her then you CAN CLAIM HEAD OF HOUSEHOLD! You can also get a statement from the daycare provider stating how much you have paid, and that is a deduction! JUST HAVE YOUR PROOF TO BACK YOU UP! I live in NY State myself, and have done this in the past!
2007-02-04 15:58:35 · answer #4 · answered by ♥xvioletx1882♥ 4 · 0⤊ 2⤋
Sorry, she get's the HoH status.
2007-02-04 15:59:43 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
yeah i guess your just SOL, but really your kid is more important than a tax break
2007-02-04 15:45:33 · answer #6 · answered by Anonymous · 0⤊ 0⤋
sorry you lose. you will not do it unless your wife agrees try remarrying her
2007-02-04 15:42:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋