My ex husband has been claiming the 2 kids for the past 2 years that we have been divorced since he was working and I was home with the kids and had no income to claim. I am returning to work this month now that the kids are both in school. Would it benefit me to claim one child this year or wait until next since I will only be working a few months before income tax time?
Also, how does it usually work..do we each claim 1 child.? That seems the fair way to me when the time comes.
2007-09-05 06:16:29 · 4 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
The custodial parent claims the children. If you share custody 50/50, you would each claim one. The best thing to do - as you're divorced - is to go to the family court to have it spelled out so that when the time comes there's no confusion.
2007-09-05 06:25:03 · answer #1 · answered by Lex 7 · 0⤊ 2⤋
If you are the custodial parent, you are legally entitled to claim the kids unless there are court documents saying otherwise, or you give your permission in writing for him to claim one or both of them.
For this year, depending on how much you make, you might or might not have any tax liability. If you don't, you wouldn't get any benefit from claiming them, so if you are on decent terms with your ex and want to stay that way, it's probably worth letting him claim them. For future years, you'd have to look at your tax situation and decide what makes sense.
Many divorced parents either split the exemptions for the kids, or alternate years in claiming them. That's not legally required though.
2007-09-05 06:27:34 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
How is it written in your divorce papers? Usually the custodial parent claims the children, unless the divorce papers state differently. You could have still claimed your children on your income taxes and probably have received a check. It always benefits you to claim your children.
2007-09-05 06:27:08 · answer #3 · answered by 2busymom 2 · 0⤊ 0⤋
According to the IRS the custodial parent has claim. However, was this addressed in your divorce agreement? If so, that will be the answer. If not, they're yours to claim. It's up to you whether you let him.
In my case (two kids) we each claim one child per year, per the agreement.
2007-09-05 06:26:08 · answer #4 · answered by Average Joe 2 · 0⤊ 0⤋