Who should be claiming kids on taxes? Read details?

Question

I do receive minimal support from the father. They stay with me all the time visit him a couple times a week for a few hours never overnight. I provide the home and everything that goes with it, food, lunches at school, clothes, allowance, sports fees and everything that goes with them, half medical bills (which he is not paying his half back to me), transportation to everything (24 mile round trip to the school). I've put this all on paper and I'm providing 85- 90% of their support.

Answer 1

Absent a decree to the contrary, the custodial parent gets the exemption even if the other parent actually paid more of the child(ren)'s support.

For the IRS to honor a decree, the decree MUST meet fairly exacting standards set out in Federal law. Many decrees do NOT meet the language requirements set out in Federal law and the IRS is legally obligated to ignore any decree that is not in compliance since Federal law trumps State law and State court rulings.

See IRS Pub 501 for a discussion on the decree requirements for the non-custodial parent to claim the exemption(s).

Answer 2

For a qualifying child, support from another is no longer an issue regarding the dependency exemption. The only restriction is that the child cannot be providing over half of his own support.

The custodial parent (the parent with whom the child lives more than the other parent) claims the dependency exemption, unless that parent has waived the exemption to the noncustodial parent. This would be via a signed Form 8332 or a court order such as a divorce decree. So, you should be claiming the children as dependents unless this applies.

Regardless of who claims the children, you are allowed to file as Head of Household, if you are currently unmarried or not living with your spouse during the last six months of the year.

You can also claim the Earned Income Credit if your income qualifies, even if you do not claim the children as dependents.

File early if you are in the situation where the noncustodial parent is wrongly claiming the children. Keep records of your children's residence with you, such as school or medical records.

Answer 3

Unless there are legal papers (like properly worded in a divorce decree, or a statement signed by you with all the necessary details) you as the custodial parent have the right to the exemptions. It is legally possible for you to agree to give the exemption to him, but unless you do, it's yours. That would be true even if he paid over half of their support.

If he claims them and you go ahead and claim them also, the IRS will investigate, and you'll get the exemptions and he'll have to pay back whatever he saved by claiming them.

Answer 4

Make this legal. Either get a divorce or have custody papers drawn up.

That being said, if it went to court and what you say is true, you should claim the child/ren on your taxes. The IRS is most interested in where the children live for the majority of the year.

Answer 5

Abscent of a divorce agreement, or giving away your right to claim dependency (IRS form 8332), the parent that provides a home for the children and provides for more than half of the total annual support, takes the dependency on their tax return. There are actually 5 tests to determine if a child qualifys you, but put simply, this is it in a nutshell. In addition, if your income falls into a range of around 4000 to 11,000 a year (earned incime) you will be elligible for the EIC which with 2 children could be a lot; and it is refundable. Example: You make 16,800 a year and you have 2 or more children...the payment in 2006 is $4,536.00 in earned income credit. In addition, depending on ages, you could also get the child tax credit of $1000.00 per child. Including your withholding, you stand to get a refund of possibly $7,000.00 or so. Greater income and lesser income will reduce the EIC portion of your refund. Example: at $32,001 and 1 child, you will get 0.00 EIC. Also, there are limitations on investment income such as interest and dividends which will disqualify you for the EIC. My advice, if you both get along, the parent whose income falls between 5000 and 22,000 look up your EIC credit on the IRS website and take the kids on your return and share the money with the other spouse (or ex) if it is substantial. If you do not get along, where the children live and who provides the most support between the 2 parents wins. If AFDC payments are involved, you may need to make some adjustments.

Answer 6

Basically, unless it says different in the divorce decree, you can claim the children.

If he is supposed to be paying half of the medical bills and other expenses, you will have to take him back to court to recoup those costs.

Answer 7

someone without a job can (and in many circumstances, could desire to) record taxes precisely the comparable way as someone with a job, different than that the line for the quantity of funds made at paintings is left sparkling or has a nil. often conversing, the parent with whom the infants stay for extra advantageous than a million/2 of the year has the splendid to declare them. In concept, a short-term absence from a new child's everlasting homestead for the point of attending college or receiving medical care counts as time living with the parent who lives on the new child's everlasting homestead. In prepare, this rule is many times utilized basically to infants living in college dormitories, boarding faculties, or different places the place neither between the mothers and fathers stay, to no longer infants living with the nominally non-custodial parent. In prepare, if a new child spends extra advantageous than a million/2 the year with one parent, and decrease than a million/2 the year with the different, then the IRS will many times pick that the parent with whom the new child spends extra advantageous than a million/2 the year has the splendid to declare the new child. Being legally known by fact the "custodial" parent interior the divorce decree makes no distinction. you are able to declare the new child who lives with you. The question of the different new child is borderline. Technically, the "short-term absence" rule ought to furnish you the splendid, yet I doubt you are able to tutor to the IRS's delight that she is outdoors your place basically for academic motives. subsequently, you shouldn't declare that new child. To be secure, you may desire to declare basically the new child who lives with you.

Answer 8

Does he provide any court regulated child support? Does he ever pay for things that are not regulated by the court? If you have primary custoday, and are not recieveing any support from the father then you would claim the children. If you are getting any financal support from the father, that is where it gets complicated. You do need to clear it up before you file, as it could cause an audit if you both claim all the children.