He's being really stubborn about child support and will ask for a continuance if I won't be "lenient" on him financially, because I make more money than he does. I'm a teacher and a single parent now--he can get another job to support himself! He lives with his mom, afterall!
2007-03-14 15:39:20 · 18 answers · asked by nancydeanna 6 in Family & Relationships ➔ Marriage & Divorce
According to many divorces with children involved, one parent gets to deduct one child and the other parent gets to deduct the other child. Or, they can agree to every other year.
There are presidents in this situation and I'm sure yours will be no different.
If you are the one that is determined by the court to claim the children and he claims them - he'll be at fault with the IRS - not you. It will be spelled out in your divorce agreement.
I recommend that you not talk with him but go through the lawyers. He seems to try to manipulate you and you don't want to be weak and wish you'd been strong later.
Don't be lenient. Be just.
2007-03-14 15:47:43 · answer #1 · answered by Diana 1 · 1⤊ 0⤋
Well you are going through the divorce right now so put it in the divorce papers that you claim the child on taxes or that you get odd years and he gets the even,what ever you want.
Just a heads up on a few other things to put in, have him pay for part of the child care, clothing (like school clothes), school supplies, 1/2 the medial bills that isn't covered by insurance, who is going to cover the medical/dental insurance so right now you need to think of everything that your child needs throughout out the whole year and make sure he pays his half.
Good Luck
2007-03-14 16:06:36 · answer #2 · answered by Rosie 4 · 0⤊ 0⤋
Not unless your decree says he can. The federal goverment says it has to be a qualifying child.
In general, to be a taxpayer’s qualifying child, a person must satisfy four tests:
Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these.
Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.
Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.
Support — did not provide more than one-half of his/her own support for the year.
If a child is claimed as a qualifying child by two or more taxpayers in a given year, the child will be the qualifying child of:
the parent;
if more than one taxpayer is the child’s parent, the one with whom the child lived for the longest time during the year, or, if the time was equal, the parent with the highest AGI;
if no taxpayer is the child’s parent, the taxpayer with the highest adjusted gross income (AGI).
2007-03-14 16:03:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Last time I heard, the child had to live with the parent for 6 or 7 mo out of the year for him to claim her. If he tries, it can tie up your return when you claim her as well. Call the IRS. They might want a copy of the custody order and then determine things from there. Good chance of him getting in lots of trouble for trying to claim a child that doesn't live with him....it's called tax fraud.
2007-03-14 15:59:36 · answer #4 · answered by Ghost Writer 3 · 0⤊ 0⤋
In most states, they consider his probable cost of living as well as his income. If you are requesting a child support amount based on the state guidelines, than there is no way to be lenient. As far as taxes go, it is typically the paying parent who is granted tax rights each year. If he is only wanting to claim every other year, consider yourself lucky and take it!
2007-03-14 15:44:15 · answer #5 · answered by kari w 3 · 0⤊ 1⤋
It's only legal if you let him put it in the divorce. Otherwise, the parent who provides the most support for the child gets to claim the child on their income tax. If I were you, I would tell him that since you will be providing the bulk of the child's support it is only right that you carry the child on your income tax.
2007-03-14 15:44:10 · answer #6 · answered by The Nana of Nana's 7 · 0⤊ 1⤋
If I'm not mistaken he has to have contributed more or at least 50% support and/or she has to have lived in his home for at least 50% of the previous year. It's not up to him to decide though, although alot of people get away with it without the other parent's prior knowledge or approval. I suggest you be the first to hurry and file a claim before he has a chance to.! Good Luck!
p.s. consult the irs website for more info.
2007-03-14 15:48:45 · answer #7 · answered by byotch 1 · 0⤊ 0⤋
Yes he can....if he is making a financial contribution ( i.e., child support ) then he has a right to the tax claim. If being a teacher and single parent is so hard for you that you cannot give up the exemption every other year....then maybe you should let him have the child...and pay him support ! That crack about him working 2 jobs to support himself is the reason SOOOO many fathers dont pay up !
2007-03-14 15:45:34 · answer #8 · answered by RedHairedTempest 3 · 0⤊ 4⤋
From what I understand the person who has sole custody and gets child support gets the child tax credit.
2007-03-14 18:34:31 · answer #9 · answered by mysweetluvie 4 · 0⤊ 0⤋
he doesn't have a leg to stand on.
he can not claim her unless he pays over 50% of what it takes to support her. he can't......
also, he can not claim his child support payments.
too bad for him!
plus, you don't have to allow him to claim her at all ever
if he asks for a continuance so what, the payments should go back to the time you filed with the court. ask your atty. but if i were you i wouldn't back off and let him claim her if he is being miserable about it.
end of speach. good luck.
2007-03-14 15:48:15 · answer #10 · answered by Anonymous · 0⤊ 0⤋