i have joint custody of my child with my exwife.she has him 51% of the time and has residentail custody.i have him 49% of the time.in our divorce agreement i am to claim him every other yr BUT my ex told me i can't claim head of houshold for that yr i can only claim my child because i don't have him more than 50% of the time. is this true and is there anything i can do legally?she will fight me if i try to get my son more than 50% on my yrs to claim him,she allready told me so.
2007-02-20 09:15:58 · 6 answers · asked by sarahjafj78 1 in Business & Finance ➔ Taxes ➔ Other - Taxes
There are special rules for children of divorced or separated parents. If the divorce decree states that you claim the child every other year, and 2006 is your year based on that decree, then the child is your qualifying child for the dependency exemption (3300) and the child tax credit (up to 1,000). However, you are NOT entitled to claim child and dependent care expenses, Earned Income Credit, or Head of Household status. Your ex can still claim the child as a NON-DEPENDENT, claim Head of Household as long as she otherwise qualifies, and make a claim for childcare expenses and EIC if she otherwise qualifies.
http://www.irs.gov/pub/irs-pdf/i1040.pdf (pages 17-21)
2007-02-20 16:20:02 · answer #1 · answered by Anonymous · 1⤊ 0⤋
She is correct - if you don't have him physically for more than half the year, but you can claim him as a dependent because of court papers saying you can, he does NOT qualify you to file as head of household for the years you can claim him. See the table on "Who is a qualifying person qualifying you to file as Head of Household", note 1, on page 23 of IRS Publication 17 - you can download it at irs.gov
2007-02-20 12:11:44 · answer #2 · answered by Judy 7 · 2⤊ 0⤋
A head of household is a single parent with a child or relative living with them. If you have the right to claim the child then you can have your X fill out a form that states you have the right to claim the child---available at any tax office if you just ask for the form. If this is a fight over earned income credit--then you both need guidance.
2007-02-20 09:29:08 · answer #3 · answered by lilabner 6 · 0⤊ 3⤋
She has the higher claim IRS will side with her sorry
Advise is free at Block only Tax prep costs money
2007-02-20 10:51:21 · answer #4 · answered by Rick F 2 · 0⤊ 4⤋
if you have a legal right to claim him every other year - I believe it is legal to claim head of household that year. Call H&R Block and discuss with them - but if you have paperwork to back up the claim it should be legal. it was for me years ago.
2007-02-20 09:21:09 · answer #5 · answered by Darlin1_66 3 · 0⤊ 6⤋
check on the IRS website - I'm not sure.
DON'T ASK H&R BLOCK - they are expensive and incompetent!
2007-02-20 09:57:57 · answer #6 · answered by Dizney 5 · 0⤊ 2⤋