can i claim my children on my taxes if i pay child support and they DO NOT live with me, and if so do i have t

Question

my support is over paid does that count?

Answer 1

Unfortunately (and unfairly if you ask me), How much you pay will be considered irrelevant. You can claim if 2 circumstances are met:

1. If it is in your divorce decree that you will alternate the years that you/your ex can claim your child as a dependent. Just include those pages every year you claim him/her with your tax return.
2. If you get your ex to sign form 8332

Here is an excerpt from the IRS publication 504:

Divorce decree or separation agreement made after 1984. If the divorce decree or separation agreement went into effect after 1984, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or agreement must state all three of the following.
The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.

The custodial parent will not claim the child as a dependent for the year.

The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent.


The noncustodial parent must attach all of the following pages of the decree or agreement to his or her return.
The cover page (write the other parent's social security number on this page).

The pages that include all of the information identified in items (1) through (3) above.

The signature page with the other parent's signature and the date of the agreement.

Here is a link to the IRS website:

http://www.irs.gov/publications/p504/index.html

Answer 2

This Site Might Help You.

RE:
can i claim my children on my taxes if i pay child support and they DO NOT live with me, and if so do i have t
my support is over paid does that count?

Answer 3

So far you have received a lot of incorrect answers from people who obviously have no idea what they are talking about. Pay attention to poster Bostonian; he is correct. Child support has nothing to do with who can claim the child as a dependent. Only the parent with primary physical custody can claim the child, unless that parent releases the claim to exemption using Form 8832. Edit to add: The "punishment" is having to pay back any refund improperly received, along with interest and penalties.

Answer 4

Which ever pays more than half the support for the child unless divorce says different. Some do every other year some always give it to one parent. Support isn't just spending money it is things like room and board, medical expenses, school cost, hobbies, car, car insurance and clothing. So even if you paid a lot she may have paid more.
Happens to college kids all the time they might earn 10K but parents pay for college and pay for medical insurance and other cost so get to claim the student even if they student worked pretty hard.

Answer 5

You can't file taxes on a child that hasn't lived under your roof..Well at least not here in Fl..Unless the one who is receiving the child support isn't claiming them..Like for ex..if she or he only has ssd and child support =no taxes taking out, so they don't file..Or you can ask them if you can claim the child.

Answer 6

You can only claim a child who doesn't live with you if the custodial parent gives you a written statement that you may and they won't - you would attach the statement to your return. This is true no matter how much child support you pay.

Answer 7

I live in CA,i try to claimed my son and i was not able to because he does not live with me,i was mad because i think if we pay half for the kid we should be entiitled for half of the credit in taxes,but ask the person who is doing your taxes to make sure.

Answer 8

the courts state me and my ex can take turns filing our child every other year on our taxes,,but can I still claim earned income credit since the child lives with me more than half of the year

Answer 9

talk with your accountant. I know one odd couple episode felix bailed oscar out of an audit by mentioning that he paid alimony and he had no kids, so if alimony to a wife who can work full time is a deduction child support has to be. but check with your accountant before you do anything. you can even ask the IRS. this info should be on their website as well. peace and good luck.

Answer 10

Overpaid is not really an issue for the taxman but family court or you and your ex-but I know you can claim a deduction. I don't think its the total but a portion. Talk with your accountant.