2007-02-06 03:37:16 · 12 answers · asked by msexkitten 1 in Family & Relationships ➔ Family
If he has full custody why did they live wit their mom? O_o
It depends on if he supported them 100% or if she contributed. If they did not live with him, I think that will exclude him from getting EIC but I am not sure. There are extra forms that have to be signed for this type of situation. Best thing to do is either use TurboTax or go to H and R Block.
2007-02-06 03:41:49 · answer #1 · answered by lunartic5 3 · 0⤊ 0⤋
If the divorce says he has full custody, not joint, then it should say he retains the right to claim the children on his taxes. If it does not say who has the right to claim, then I would say the one who gets there first. He has not abandoned the children if he keeps in contact and knows where they live, does he contribute to their support ? The deduction usually goes to the one with custody. Does the mother work and how many children are there, EIC only goes up to 2 children, if more than 2 children they could split the deduction, How does the mother have any control of the children if she has no rights of custody at all ,like school or health care, so be careful she may hve more rights than you think.
2007-02-06 14:41:51 · answer #2 · answered by VVVVVVVVVVV 1 · 0⤊ 0⤋
no longer inevitably. Are they divorced? if so, the divorce decree could state who gets the based on the tax return. In absence of a divorce decree, what did the courtroom state approximately custody and help? The courtroom rfile overrides all different circumstances. If there are no longer any criminal agreements, and the daddy is offering extra suitable than a million/2 of the youngster's help (which isn't too puzzling to do, incredibly if he pays for the housing for the youngster), then the daddy could be claiming the youngster. this might get nasty, nonetheless. needless to say, if 2 people declare the comparable based, this is going to be observed via the IRS. If the daddy has valid motives to declare that youngster (study that as stable sturdy information that he's relatively the only identifying to purchase the help of that youngster), then possibilities are high the mummy would be disallowed the deduction.
2016-10-01 12:38:46 · answer #3 · answered by ? 4 · 0⤊ 0⤋
He can because he has full custody. But technically he can't because the law requires that the children live at least 6 months with you. But I know a whole lot of people ignore this rule. So if its alright with the mom (and she has not claimed) go ahead.
2007-02-06 03:40:41 · answer #4 · answered by kitcat 6 · 0⤊ 0⤋
Sorry to have to tell you this but the answer is no.They lived with her the whole year so what expenses does your fiancee have to claim.Even If he supported them while they with her they were under her roof for a whole year.
Can I give you a little suggestion Do you know by his ex keeping the children with her for a whole year she can turn around and sue him for custody of the kids cause she eveidently must be a good mother if your fiancee left them in her care for a whole year.She gets to claim the kids this year sorry.
2007-02-06 03:46:20 · answer #5 · answered by claysnjgal 1 · 0⤊ 0⤋
Wow...good question. Legal custody does not effect the tax deduction. It is designed for whom actually provided for the children. He can claim them, but if their mom does too and their is an audit, he can be charged with tax fraud. Only one set of parents can claim the children as a deduction. He has no legal right to claim them.
2007-02-06 03:46:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, Where the children live is where the deduction stays. If the kids live with mom she gets the deduction. If the school has her listed as the children's residence and she can prove the children lived there at least ove 6 months the deduction is hers.
Tracylyn S
2007-02-06 04:48:51 · answer #7 · answered by Tracylyn S 3 · 0⤊ 0⤋
If he has full custody, why were they with the mother, the courts will look at that as abandonment of duty depending on the reason, so prepare one.
once he can prove he is the more stable parent, and the kids are of age to choose him, they will let him take them. remember custody can be revolked depending on the situation.
2007-02-06 04:00:32 · answer #8 · answered by stacy 4 · 0⤊ 0⤋
according to the IRS, legally, no. whomever has the physical custody gets the tax write off. She's the one who took care of them all year, after all.
2007-02-06 03:51:23 · answer #9 · answered by ~Biz~ 6 · 0⤊ 0⤋
if he has full custody and they lived with her, I'd check the divorce and/or custody papers to see what they say regarding who claims them.
2007-02-06 03:41:06 · answer #10 · answered by singledad 7 · 0⤊ 0⤋