My ex-wife and I have been separated for over two year. Before we seperated we had an agreement drawn up that stated that we would each claim one of the children on our taxes. However, she never signed the agreement. The children live with her about 70% of the time. I pay child support which amounts to more than she makes, so obviously I am providing more that half of their support. The information that I find is since they live with her more than 50% of the time, then I can't claim them no matter how much support I give.
2007-02-07 01:59:28 · 9 answers · asked by mcfly21 2 in Business & Finance ➔ Taxes ➔ United States
Asked her this evening and she said that she wasn't planning on allowing me to. She said that she has debts that she has to take care of, like the pool for the kid. SO I am now paying for a pool at her and her boyfriend's house. Do you think that I can use it?
2007-02-07 11:02:08 · update #1
The fact that she never signed the agreement means you can't claim the exemption. In the absence of a contract to that effect (i.e., the unsigned agreement), this reverts to IRS law and your interpretation there, unfortunately, is also correct since they live with her 70% of the time. Also, you probably already know this, but you can't deduct the child support either.
The only way out of this I see is to try and get your ex-wife to agree to sign the agreement, which I suspect she won't do unless you offer her something. I suppose she might out of the goodness of her heart, but you know her and I don't.
I'm a CPA, so I'm pretty confident in my answers above.
2007-02-07 02:06:57 · answer #1 · answered by lmnop 6 · 0⤊ 0⤋
An agreement that was made but not signed or court-ordered means nothing. So unfortunately no, you can't claim a child since they don't live with you over half the year, unless she voluntarily signs a paper allowing you to, and it doesn't sound like that's going to happen.
2007-02-07 14:19:26 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
As I understand it, fewer than 25% of the women who have custody of their children are actually receiving the court ordered child support they were awarded. Were I in your wife's place, and you were contributing more than half their support, on time and on a regular basis, I would be only too happy to allow you to take the deductions. Why not ask her?
2007-02-07 02:12:01 · answer #3 · answered by Suzianne 7 · 0⤊ 0⤋
Without a court approved agreement you will not be able to take the children as dependents because they did not live with you more than 50% of the time.
2007-02-07 02:04:32 · answer #4 · answered by ? 6 · 0⤊ 1⤋
Yep, my mom claims my brother, my dad claims me. That easy. Just as long as that child live with you 50% of the time.
Just make sure that you don't favor that child more than the other. Because thats hat happended to me. My mom hates me. And loves my brother.
Also you may only claim untill they're 18. So get the younger one!
Hope it helps
2007-02-07 02:05:33 · answer #5 · answered by Anonymous · 0⤊ 2⤋
You are correct. You cannot claim the exemptions for the children unless she voluntarily relinquishes them to you on a year-by-year basis.
2007-02-07 02:03:43 · answer #6 · answered by Bostonian In MO 7 · 0⤊ 0⤋
No, your ex-wife gets all the child tax credits since she is the custodial parent.
2007-02-07 02:03:35 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Yes you can claim the child. It will be a race though. You have to file taxes before she does otherwise she could claim the child and then you'll be screwed. If you have your W-2 - file ASAP!! Good Luck!!
2007-02-07 02:03:04 · answer #8 · answered by Anonymous · 0⤊ 4⤋
not true....it's the money rule that takes precedence...
2007-02-07 02:04:35 · answer #9 · answered by Robert P 6 · 0⤊ 2⤋