I have heard that you can only claim your kids on taxes if they are in your custody 6 months out of the year, I am going to be providing medical and dental insurance on my kid as well as paying child support and her mother collects state assistance and lives quite a distance from me does anyone know if its possible to claim my kid on my taxes for providing the insurance?
2007-09-11 05:05:11 · 9 answers · asked by kasper 1 in Business & Finance ➔ Taxes ➔ United States
Tax Information for Non-Custodial Parents
The non-custodial parent is the parent who is not the custodial parent. Here the custodial parent is the parent with whom the child shared the same principal place of abode for the greater portion of the year.
Do you pay child support?
If YES, you should be aware of Federal tax issues that could affect you ability to claim your child as a dependent, or take certain tax credits. Claiming Your Child as a Dependent
Special rules apply when determining who may claim a child as a dependent. For example, if you are the non-custodial parent and provide more than half of your child’s total support, you still may NOT be able to claim the child as a dependent. Generally, the custodial parent is allowed to claim the exemption for a child who is a dependent even if the non-custodial parent provides child support. A special rule may apply when the parents of a child are divorced or legally separated or when the parents live apart at all times during the last 6 months of the calendar year. If this rule applies, the
non-custodial parent may claim an exemption for the child if the custodial parent signs a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, or if a divorce decree, a decree of separate maintenance, or a written separation agreement provides that the non-custodial parent is entitled to the dependency deduction for the child.
2007-09-11 05:44:29 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Under the law, the custodial parent gets the exemption. The law defines the custodial parent as the one who the child spends the most time with throughout the year. If that's the child's mother, she gets the exemption unless she voluntarily signs ISR Form 8332 http://www.irs.gov/pub/irs-pdf/f8332.pdf or a similar statement relinquishing the exemption claim.
If your divorce decree gives the exemption to you AND if the wording in the decree meets the very specific terms set out in Federal law you may claim the exemption by attaching a copy of the decree to your return. If the wording of the decree does not meet the requirements laid out in Federal law, the IRS is legally obligated to ignore the decree and award the exemption to the custodial parent. See IRS Pub 501 for the specific wording that is required of the decree.
2007-09-11 05:22:00 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Generally the ability to claim the children as dependents is decided in the divorce decree. In my divorce I retained all rights to claim my son as a dependent for tax purposes. My friend has to share it with her ex. She claims the child one year, her ex the next.
Of course you didn't say if you had been married to the kids' mom -- so if that's the case, you are likely out of luck if she is the primary provider. Housing, food, etc is more costly than insurance.
If you are paying for that insurance at work, you can have the deductions for it come out pre-tax, which can save you quite a bit of money by the end of the year.
2007-09-11 05:16:18 · answer #3 · answered by leysarob 5 · 1⤊ 1⤋
you may document a W-4 and declare as many dependants as you prefer to yet while on the tip of the 12 months in case you owe $a million,000 in taxes you pays a penalty for no longer having sufficient deducted. many human beings do it by way of fact they understand they have costs which fall exterior the conventional payroll deductions and gets a tremendous refund Alimony, casualty loses are 2 examples. in case you already know you would be getting a extensive refund boost your form of dependents so which you do no longer supply the government what quantities to an activity loose very own loan. in case you get a tremendous refund the government isn't doing you a prefer. they're basically returning the money you lent them. extra useful which you may have that funds on your reductions account drawing activity or paying off a severe activity mastercard or very own loan.
2016-10-18 21:25:24 · answer #4 · answered by ? 4 · 0⤊ 0⤋
If you were married unless your divorce decree states otherwise the only way you could claim your child as a dependent is if the mother (custodial parent) voluntarily gave it to you via signed IRS Form 8332 (which a new one would have to be signed each year)
2007-09-11 05:20:23 · answer #5 · answered by Craig T 6 · 0⤊ 1⤋
You can only claim them if you either have a court order saying that you can, or if the mom signs a form 8332 and gives it to you saying that you can claim them. You don't get to claim them for paying support and carrying their medical insurance.
2007-09-14 05:13:58 · answer #6 · answered by Judy 7 · 0⤊ 0⤋
Neither paying child support nor paying insurance automatically qualifies you for the dependency exemption.
If you were married, the divorce would state who gets to claim them.
If you were never married, the custodial parent, by default, gets to claim them.
She could however, assign the exemption over to you (Form 8332...I think).
2007-09-11 05:13:08 · answer #7 · answered by Wayne Z 7 · 1⤊ 1⤋
You need a court order from the family court judge to be able to claim the children. As there is more then one he may give you permission to claim 1, to split the benefit. The benefit is alot more money then insurance, but you may be entitled if you are paying 1/2 of their expenses. But, it does require a court order as the children do not live with you.
2007-09-11 06:03:13 · answer #8 · answered by Anonymous · 1⤊ 1⤋
What does the custody agreement state?
2007-09-11 06:23:18 · answer #9 · answered by glaciergizzlybear 2 · 0⤊ 1⤋