who will be able to claim my husbands other children on income tax if he pays child support and isnt custodial

Question

my husband has to pay for child support and we want to know who can claim the children on the income tax preparation and if we can always do it?

Answer 1

The person who had physical custody of the children gets to. They are the ones who pay for most things the children needs, and are responsible most of the time for the children.

Answer 2

You really need to see a good tax lawyer or a reputable tax preparer. You can also call the toll-free IRS number--it's listed in the Federal govt section of your phone book. The real question seems to be: he's been ordered by the court to pay child support. But has he? If he is paying some amount, then I think he is entitled. What most of the people I know (including family members) who have children by an ex and who pay child support do, is claim the child on taxes every other year. So, one year you claim the child, the next year he does. You say you don't have communication with the father. Does he have any with his son? If not, you probably should see a lawyer (even if it's Legal Aid, depending on your financial status) about filing charges of abandonment against him. I don't know what the length of time is in your state so I can't be more helpful there. If he hasn't seen the child or paid for support, you should be granted sole custody. Then the tax question becomes moot.

Answer 3

You can NOT claim child support on your income tax. He can ask the mother of his children to help him out by only claiming the children for the earned income credit and let him claim the rest.

I am a father that payed child support for 8 years before getting full custody, I know what i'm talking about.

Answer 4

My Husband has a child with his ex and she is the custodial parent and we are able to claim him on even years....Here is some info and hope it helps! :) (you need to fill out form 8332 and include with your taxes)

Can I claim a child as a dependent if I am divorced and the child does not live with me?
Children Who Did Not Live With You Due to Divorce or Separation

If you are claiming a child who did not live with you under the rules explained in Pub. 501 for children of divorced or separated parents, attach Form 8332 or similar statement to your return. But see the Exception below.

If your divorce decree or separation agreement went into effect after 1984, you may attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or agreement must state:

1. You can claim the child as your dependent without regard to any condition, such as payment of support, and
2. The other parent will not claim the child as a dependent, and
3. The years for which the claim is released.

Attach the following pages from the decree or agreement:

Cover page (include the other parent's SSN on that page), and
The pages that include all of the information identified in 1 through 3 above, and
Signature page with the other parent's signature and date of agreement.
Note. You must attach the required information even if you filed it with your return in an earlier year.

Exception. You do not have to attach Form 8332 or similar statement if your divorce decree or written separation agreement went into effect before 1985 and it states that you can claim the child as your dependent.

Answer 5

the custodial parent claims the child unless there is some sort of agreement that one parent claims one year, then the other parent claims the next.

You can easily say "we send X amount each month, what do you spend?" but being the custodial parent is more difficult than that. You don't get to set aside a certain amount and say "this is what I spend"...you have insurance, lunch money, clothes, gas to and from school, sports, or dance, housing costs, etc.

Not to sound snippy, but you don't have kids in order to be able to claim them on taxes.

Answer 6

The custodial parent. Unless it was decided in the divorce that they would take turns claiming the children- it's always the person with custody.

Despite his child support- he does not provide more then 50% of the support for the children, therefor he cannot claim them.

Answer 7

Check in your custody agreement from the court. Usually parents take turns...every other year. This is how my husband does it, but be aware that if he is even one dollar behind on child support, no state will allow it. Claiming children is not based on how much money you give them, it is based on the amount of time they are in your home.
Good Luck!

Answer 8

If he and is ex alternate he will get to claim the children every other year if not she will get to claim thim because she has legal custody.

Answer 9

Usually, unless it is set forth in the divorce decree that they have to take turns, it is usually the person who has physical custody of the child(ren) for 6+ months of the year. That is what I have always been told by my accountant.

Answer 10

Your husband can claim any monies that have gone to his children. Any year, any amount, anytime. As long as he sends it he can claim it. Always, always keep receipts and/or checks to be able to prove. I've known some nasty women out there.