My soon to be ex husband seems to think that because we have 2 kids that he gets to claim one of them when he files taxes. They are with me and as of right now I do not I don't receive any financial support from him. I claim the exemptions for both children. Can he do that?
2007-04-10 07:34:47 · 6 answers · asked by JT 1 in Business & Finance ➔ Taxes ➔ United States
he can try but if their social security numbers come up on more than one tax return be ready for an audit....
2007-04-10 07:45:36 · answer #1 · answered by tim h 2 · 1⤊ 2⤋
The custodial parent has the tight to claim the children unless there's a court order in the proper form that says otherwise.
The custodial parent is allowed to release the exemption for one or more of the kids to the other parent, but is not required to. If they do, it must be done under specific rules - you can use form 8332 to do so.
It's not automatic to split the exemptions. If there's no official paperwork saying otherwise, the custodial parent gets the exemption for all eligible children. Child support received or not received doesn't change that.
You say soon to be ex. That would imply you're not divorced yet. If you didn't live together at any time during the second half of 2006, and you provided more than half the cost of keeping up the household for your children, you can file as head of household - otherwise you'd have to file as married filing separately. Your husband would file as married filing separately. If you can agree on it, you could file a joint return instead.
If he files a return claiming one of them, and you have already claimed that child, you'll both hear from the IRS requesting info to show which of you is allowed to claim them. If you are the custodial parent, you'll win.
2007-04-10 14:45:04 · answer #2 · answered by Judy 7 · 2⤊ 0⤋
Rule 1) What does the divorce decree say? Most divorce decrees these days address the issue of kids and tax exemptions.
Rule 2) Who has physical custody? Absent language in the divorce decree, the exemption defaults to the parent whom has physical custody.
There is no rule that gets to automatically claim one. He is incorrect.
2007-04-10 14:41:29 · answer #3 · answered by Wayne Z 7 · 2⤊ 0⤋
Usually, this sort of thing is outlined in your marital settlement agreement.
If it is not, then as custodial parent providing all of their support you are entitled to claiming them. He cannot claim them unless the custodial parent signs a release that he must include with his tax return. Bottom line, if you both claim them, then the IRS is going to ask questions. When you tell them they live with you and you provide all of the support, they are going to go back to him and disallow his exemptions. Tell him this...and he will probably have a change of heart!
2007-04-10 14:47:18 · answer #4 · answered by jd0601 3 · 1⤊ 0⤋
When I was doing my taxes in NJ the guy next to me was trying to claim one of his kids. The tax guy said that if they lived with him more hours than the mom he could claim them, otherwise he was S.O.L.
2007-04-10 14:51:25 · answer #5 · answered by jnine30 2 · 0⤊ 0⤋
normally you will decide that in the divorce decree. If he pays support then the fair thing to do is for each of you to claim one child....
2007-04-10 14:42:51 · answer #6 · answered by Ali 2 · 0⤊ 2⤋