I have a 1yr son and his dad and I dont live together, we go halfers on mostly everything regarding my sons expenses (child care, diapers) however my son lives with me and if we calculate the expenses i did covered 70% of them.
I claimed my son on my taxes, i got credit for him, now my babys dad says that we need to go halfers on that as well.
Should I?
He doesnt pay child support.
Thanks for helping!!!
2007-02-12 09:17:17 · 14 answers · asked by hottmama 2 in Business & Finance ➔ Taxes ➔ United States
Is there anyway he can get some sort of credit for the child expenses?
2007-02-12 09:22:31 · update #1
Absolutely NOT.,
2007-02-12 09:22:21 · answer #1 · answered by Anonymous · 2⤊ 1⤋
I assume you are married to the person you refer to as your new husband. Until the back child support is paid, any tax refund on a tax return he files will go toward paying that child support. Your husband does not have to claim you. You can refuse to file a joint return with him. In that case, no Earned Income Credit would be received to offset the debt he owes. So, the situation is not improved. The tax credits do not provide an amount anywhere close to supporting a child. Also, the tax credits your husband receives are because he works and he lives with the children. He can receive these credits whether he provided over half of the children's support or not. Strange, but true. As long as the stepfather is living with the children, he has priority to claim the children. If you want to assign the tax benefits to the ex-spouse who is the father of the children, you and he would have to provide over 50% of the children's support in order for the rules for divorced/separated parents to apply. Does the ex-spouse/father pay child support in an amount which is more than 50% of the child's support? Also, does the ex-spouse/father have an income higher than your current husband's income? If all this applies, it is OK to assign the tax benefits to the ex-spouse/father as long as the stepfather does not object. Keep in mind that a noncustodial parent will not get near the refund that a custodial parent receives. If the ex-spouse claims your children, then your current husband will still owe the child support, the other children will get double benefits, your children get nothing, and you may end up with a balance due on your tax return.
2016-05-24 02:18:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I have worked in the field of child support for about 20 years. Unless the IRS has made a recent change, you can't "go halfers" on a deduction for a child.
You say that he doesn't pay child support. Is he court ordered to pay? Has he been declared the "legal" father of your child? (what constitutes a legal father differs from state to state) If the answer to either of these is no, he has the same legal rights to your child as I do...(none).
At any rate, it doesn't appear that there is any "relief" for him on his taxes where your child is concerned.
2007-02-15 13:26:32 · answer #3 · answered by momx3 2 · 1⤊ 0⤋
Well, first of all, there's nothing in the tax code to even allow you to go "halfers" on claiming a dependent. One person, and only one, can claim him. And since he lives with you, you would be entitled to claim him even if you didn't pay more than half of his expenses.
If you want to be really nice to your baby's dad, you could give him some of the money you got by claiming your son, but you are by no means obliged to - that would be purely a gift.
2007-02-12 14:17:25 · answer #4 · answered by Judy 7 · 2⤊ 1⤋
NO. As long as u supplied over half of his needs and lived with you for the better part of the year (which I am assuming) He cannot. I went thru all that stuff with my ex and he made a big stink out of it. We ended up splitting every other year but he paid support. Since he don't pay support he can't claim him at all and the only way he could is if he went into court and met the guidelines of what he paid in support.
2007-02-16 06:54:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'll first assume that you're in the U.S. Is there any court document stating who is supposed to pay what for your son? In absence of a legal document, the IRS generally will give the custodial parent the dependency exemption. You can't "go halfers" on the dependency exemption - it's an "all or nothing" proposition with the IRS.
If you're trying to be a generous sort of gal, what you could do is take Head of Household on your return without taking your son as a dependent, and your child's father could then take the dependent on his tax return. Of course, you're entitled to Head of Household in any case, but you're certainly going to increase your tax liability if you take your son off of your return.
Unless the dad wants to set up some sort of formal legal agreement for child support and rights to claim his son as a dependent, he's pretty much out of luck taking the child as a dependent as far as the law is concerned.
2007-02-12 09:24:45 · answer #6 · answered by SuzeY 5 · 1⤊ 3⤋
you can't claim half a dependant what you can do is you claim him one year and the other claim him the next. Normally the parent the child was living with would claim it unless the other parent for some reason is considered doing 100% of the childs support. I'm not sure how you covering 70% of the childs expenses works out to be half, and I happen to think you babies daddy is trying to take as much advantage as he can you shouldn't let him.
2007-02-12 09:25:33 · answer #7 · answered by tabby_tigger 2 · 1⤊ 3⤋
~Since your son lives with you, you automatically pay more than the father. Rent, electricity, cable, phone, etc.
He needs to quit sniveling over a few bucks, be sure you are the one who claims him too! He needs to be grateful he doesn't pay Child Support, he'd be paying more than he is now.
Don't let him make you feel guilty. I think it's great that you two can still get along for the baby's sake.~
*Poohat, it's obvious that you are bitter. Pay your Child Support, don't be a dead beat dad.
2007-02-12 09:29:59 · answer #8 · answered by Anonymous · 1⤊ 2⤋
NO! He doesn't get half of your EIC. He isn't pay you any child support, he probably doesn't get up with the baby in the middle of the night, or give it a bath, or read it a bedtime story or any of the other day to day things that you do for your baby. Tell him of he wants some money, get another job.
2007-02-12 09:24:45 · answer #9 · answered by curiousnktown 4 · 1⤊ 2⤋
There is no such thing as a half a dependent to the IRS. Tell him it is illegal and for proof look right here.
2007-02-12 09:21:22 · answer #10 · answered by spicertax 5 · 1⤊ 1⤋
No way..you may go half on everything but if you paid 70% of expenses I would say keep it...you don't have to split it unless you choose to do that...that is your choice...I wouldn't though
2007-02-12 09:26:19 · answer #11 · answered by Dawn D 1 · 1⤊ 3⤋