I have a court order granting my 100% of the tax benefit for the child, I pay more than half the cost of keeping up a home for the child, yet the child is only with me 25% of the time. The mother cannot claim hoh because she cannot claim the dependant. So can I claim hoh?
2007-11-06 04:10:36 · 6 answers · asked by Bryan S 2 in Business & Finance ➔ Taxes ➔ United States
The rules surrounding this situation changed in 2005, so if you have heard things from others that information may be outdated.
The court order for your taxes means that you can take the dependency exemption and the Child Tax Credit for the child. The mother does not have to sign anything over to you, your court document is sufficient.
Because the child does not live with you for more than half of the year, you will not be able to claim Head of Household with that child as a qualifying person. That benefit goes to the mother, if she qualifies. The mother may also be able to receive the Earned Income Credit for the child.
If you pay child support that does not affect whether the mother can file as Head of Household. If you directly pay for mortgage, utilities, repairs, food eaten at home etc., then that may disqualify the mother from filing as Head of Household.
2007-11-06 07:36:24 · answer #1 · answered by ninasgramma 7 · 1⤊ 0⤋
While what Wartz says is mostly true regarding the dependency exemption you still cannot be HOH if your child didn't live you for more than half the year. The IRS does take court documents into account when figuring exemptions and the law no longer requires you to pay over half the support. She can still claim HOH and receive the Earned Income Credit even if she can't claim the child as a dependent.
2007-11-06 05:32:45 · answer #2 · answered by Anonymous · 1⤊ 0⤋
No, since the child doesn't live with you over half of the time.
Actually, if the child lives with the mom for over half the year, she could claim head of household even if she can't claim the child as a dependent, but could only do so if she pays over half of the cost of maintaining the household.
2007-11-06 04:14:20 · answer #3 · answered by Judy 7 · 2⤊ 0⤋
IRS couldn't care less what the divorce court judge says. The general rule is the exemption goes to the parent who has possession of the body unless that parent give up the right to claim the exemption by filing Form 8332. You should get your ex to sign it. I suggest you file your return as early as possible in the year.
It sounds like your ex will be entitled to head of household status because she is the one heading the household where the child lives and you will be entitled to the exemption because you provide over half the support.
2007-11-06 04:20:55 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Did you pay better than a million/2 of the fee of conserving up the kinfolk? If no longer, you may no longer declare head of kinfolk - and in case you reside at the same time and he made better than you probably did, you will possibly have a tough time proving in an audit which you paid better than a million/2. Assuming that your earnings makes you eligible for EIC, you're able to be waiting to declare that.
2016-11-10 11:09:07 · answer #5 · answered by ? 4 · 0⤊ 0⤋
best to check with the pro's
www.irs.gov
2007-11-06 04:14:30 · answer #6 · answered by Teddy's Mom 4 · 0⤊ 1⤋