In cases of divorce when a child is involved who claims the child at the beginning of the year when filing taxes? If we are joint managing conservators but I am the conservator with primary possession and the right to designate our son's residence do I claim him or does my soon to be ex husband claim him? I would like to be the one to claim him each year. Do I need to speak to my lawyer to request that or how does that work? My husband is not very involved at all in our son's life and I do the most for him so I would only see it fair that it should be me.
2007-08-05 10:01:42 · 12 answers · asked by love my life 2 in Family & Relationships ➔ Marriage & Divorce
If your son is with you for over 50% of the year then you get to claim your son OR whatever the divorce degree designates.
2007-08-05 10:08:51 · answer #1 · answered by Poppet 7 · 0⤊ 0⤋
I do believe that if the son lives with you but your ex pays 1/2 of everything then your ex would have the right to claim the child every other year...
Just because your child lives with you does not mean you have full right if your ex is paying the child support.
You do need to check with your lawyer though because something like this can be drawn up that you have the right to claim each year...
2007-08-05 10:11:44 · answer #2 · answered by Susan Goodknight 3 · 0⤊ 1⤋
except the unique decree replaced into dated earlier 2009, the IRS will forget approximately approximately it. If it replaced into dated ahead of 2009 and if it meets strict language standards set out in federal regulation the IRS will honor it if the non-custodial parent attaches copies of the suitable pages to their tax return. The decree can not connect any preconditions to the declare, alongside with being present day on help or visitation, etc. It could additionally evidently state who gets to declare the baby and while. The non-custodial parent in simple terms gets the exemption and the baby Tax credit. All different tax reward (EIC, baby Care credit, etc.) stay with the custodial parent. submit 2008 decrees are skipped over by using the IRS, in spite of what they say. the only way that the non-custodial parent can declare the baby is with an entire type 8332 from the custodial parent. The decree can order that it is arranged and carry you in contempt in case you fail to conform, however the IRS won't enable the exemption without it. With the 8332, the non-custodial parent gets the exemption and baby Tax credit in simple terms. All different tax reward (EIC, baby Care credit, etc.) stay with the custodial parent. lacking a compliant pre-2009 decree or type 8332, the custodial parent quickly gets the exemption and all different tax reward. Legally the non-custodial parent is entitled to not something. Morals are concern to interpretation and oftentimes replace via the years. one hundred years in the past it replaced into completely suited for a guy to overcome his spouse. immediately, that in simple terms does not fly.
2016-10-09 06:59:14 · answer #3 · answered by ? 4 · 0⤊ 0⤋
The person who supported the child the greater part of the year or the one who spent the most ex. medical..
It would be in your best interest to contact a lawyer in case your ex doesn't agree with you...
Sounds to like you should be the one to claim him!!
2007-08-05 10:11:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The person with custody of the children get the tax breaks.You claim the child.
2007-08-05 10:05:10 · answer #5 · answered by elaeblue 7 · 0⤊ 0⤋
If the child lives with you you claim, but best ask lawyer or I>R>S
2007-08-05 10:08:14 · answer #6 · answered by larry B 4 · 0⤊ 0⤋
The person he lives with gets to claim him. The person paying child support doesn't even get to claim any expenses for that. In my state anyway.
2007-08-05 10:08:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
IRS states whoever has the child physically residing with them for over 6 months is allowed the deduction.Plain and simple
2007-08-05 10:09:03 · answer #8 · answered by Arthur W 7 · 0⤊ 0⤋
Both of you should complete your taxes and see who gets more money back for using the kids as a deduction. Then that person can split the amount with the other when the taxes are filed.
2007-08-05 10:19:17 · answer #9 · answered by fortyninertu 5 · 0⤊ 1⤋
it will be decided in court, sometimes u take turns claiming the child, it depends on your situation, and how good of a lawyer you have....good luck
2007-08-05 10:06:40 · answer #10 · answered by Anonymous · 1⤊ 0⤋