my husband and i are going through a nasty divorce and nothings been mentioned about our taxes, i was a stay at home mother of two he worked. does this mean he gets to claim thenm since he deducted them on his paycheck or do i since i take care of them? we live in ga.
2007-04-04 23:03:35 · 11 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ Other - Taxes
It is a part of your divorce settlement that can be negotiated. Usually if a parent is paying for the child care, that parent is allowed to claim the children. Sometimes, one parent will claim one child and one parent wil claim the other if their are two. If one parent is paying alimony, child support, and child care that parent will most like get to claim the child. I
It also depends on custody. If you have joint custody, the court make split the claims, like I explained above. If one parent has the full physical custody, and is getting little to no additional support, that parent will claim the children. It really depends on the circumstances. If it weren't a nasty divorce, you could work it out amongst you. In this situation, the court will have to figure out what is fair based on the the issues I stated above.
Google family law, divorce and tax, etc. for more info. Your state will have information on their court site as well. There is probably something on www.nolo.com or www.nololaw.com or www.findlaw.com
2007-04-04 23:14:28 · answer #1 · answered by Anonymous · 2⤊ 1⤋
The custodial parent gets the deduction. That's the parent with whom the children spent the majority of time with throughout the year.
If your divorce decree meets VERY exacting wording mandated in Federal law, the decree can give the exemption to the non-custodial parent. If the decree is not worded EXACTLY as required by Federal law, the IRS is REQUIRED to ignore the decree and award the exemption to the custodial parent.
Have your attorney review IRS Pub 501 for the required wording -- and don't let your ex push that through without a fight unless you get something back in return for it.
2007-04-05 03:14:33 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
If they live with you, then you have the right to claim them unless there's a valid court order saying that he can. Even if there's no court order, you can voluntarily turn over the right to claim one or more of them on his return by giving him a signed form 8332 saying he can. His paying child support doesn't give him any rights to claim them. If he does claim them, he only gets the exemption and child tax credit, no EIC or head of household. You'd still get those if eligible, even if he claims them as dependents.
2016-05-17 21:30:23 · answer #3 · answered by brook 3 · 0⤊ 0⤋
If you are the custodial parent, you are the one with the right to claim them unless there's a written court agreement that says otherwise. As the custodial parent, you are allowed to give written permission for any given year to the other parent to claim them.
That said, if you don't have any tax liability or have very little, and his is substantial, you might be wise to give him permission to claim them - maybe you can trade that off for something that will benefit you more. Be cautious about giving permanent permission though - you don't know what the future will bring for you financially.
Good luck.
2007-04-05 04:33:05 · answer #4 · answered by Judy 7 · 1⤊ 0⤋
Normally the parent that they live with and has the sole care of them will be able to claim them on their tax form but the other parent who should be paying some kind of child support will get a tax credit for paying the child support. Even if you have joint custody if they live with you and you have to care for all their needs you know clothing, feeding and your spouse only has them on weekends or holiday or what ever your agreement is.
2007-04-05 02:34:53 · answer #5 · answered by llrager 2 · 0⤊ 1⤋
Since you are going thru a divorce and it is not final you need to review IRS tie-breaker rules. Go or call your local HR Block and sit down with a tax pro ask them to speak with someone who can explain the tie breaker rules.
Good Luck:-)
2007-04-06 05:29:16 · answer #6 · answered by hpasi923 2 · 0⤊ 0⤋
either one of you may claim, it doesnt matter if someone claimed them on their w2s, if you can agree to it, both may alternate the years to use in taxes, you get every odd or even. also, you may decide who will get the best tax benefits by claiming them, and then split the money. many people decide who gets to claim them by who the children live with more throughout the year. Good luck in your battle
2007-04-04 23:12:13 · answer #7 · answered by armando j 3 · 0⤊ 0⤋
Depends on where you live. Here in Canada, the lower income earner claims child care expenses, but the higher income earner claims child tax credits.
2007-04-04 23:06:38 · answer #8 · answered by Anonymous · 0⤊ 1⤋
You're screwed. Since you stay at home and have no income, he will deduct them from his taxes. He probably has already taken the deduction in his paycheck. Sue the pants off him and make him pay lots of alimony and child support.
2007-04-04 23:12:48 · answer #9 · answered by hacksaw_jd 2 · 0⤊ 3⤋
well you need to come to an agreement with him, I had it in my agreement that he took the oldest child as a dependent and i took the youngest one.You will have to work it out with him and if your divorce papers are not final yet just add it in
2007-04-06 10:26:48 · answer #10 · answered by jojo 6 · 0⤊ 0⤋