MY EX AND I HAVE RECEIVED 50/50 CHILD CUSTODY. NOW MY QUESTION IS... WHO WOULD HAVE THE RIGHT TO CLAIM HER FOR THE TAXES? WE NEVER GOT MARRIED, AND I HAVE HER MOST OF THE TIME BECAUSE I TAKE HER TO SCHOOL....IF THAT HELPS OUT!....SO CAN I CLAIM HER CUZ HE WANTS TO CLAIM HER AND I DONT THINK IT'S FAIR.
2007-11-30 13:56:08 · 15 answers · asked by lil' lady 1 in Family & Relationships ➔ Marriage & Divorce
If your daughter lived w/you for more than half the year, you get to claim her by law.
2007-11-30 14:07:50 · answer #1 · answered by Anonymous · 1⤊ 0⤋
They tally it up by who has the child for the most days and overnights. That is the parent who gets to claim. Some parents who are split up will usually work out a plan to alternate the years on who gets to claim the child on the taxes.
2007-11-30 14:48:03 · answer #2 · answered by BeenThere 2 · 0⤊ 0⤋
Consider breaking up some of the aspects of his care, like he deducts pre-school and med care, and you take the deductions for his home care. There is so much you can claim for your child as a deduction anyways and don't be mean about it, he is investing just as you are also. You should agree to switch year for year. You have a chance to develop a good business relationship with your ex. Take the high road.
2007-11-30 14:29:12 · answer #3 · answered by HotDockett 4 · 0⤊ 0⤋
This area of the law is sooooo grey.
You must provide over half of your childs financial needs plus have custody over 1/2 the year.
In my situation, I have a child support order in place that supplies my son with over 50% of his financial needs. She does not have a job. Remarried,stay at home mom, has custody of him, but earns "zero".
So legally, nobody can claim him. But she does.
The Rat
2007-11-30 14:31:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I believe with 50/50 custody you have to take turns claiming her but isn't that in your custody agreement papers?
My ex and I have joint custody but since I am the "main" parent then I get to claim our son every year. My son only spends weekends and holidays etc with his dad though.
2007-11-30 14:01:03 · answer #5 · answered by jenny s 2 · 0⤊ 1⤋
What if you both figured out how much you would get back and whoever gets the most claims her. You then split the return or the difference. That is if you can trust him. I got burned letting my ex do that, but my husband and his ex do that and it works for them.
2007-11-30 16:16:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends where you live. Where I live when we have a 50/50 custody we each claim our year. Call your government or your accountant.
2007-11-30 14:00:34 · answer #7 · answered by Jane Marple 7 · 0⤊ 1⤋
Better get that in writing.
Get your taxes done first, be the first then tell him you've already filed. and if he claims her, you both will be audited.
It's illegal for both to claim during the same year. Does he have your childs social security number? either of you will need that to file.
2007-11-30 14:04:11 · answer #8 · answered by Anonymous · 0⤊ 1⤋
I think you might want to check with the laws of your state. Also, visit a CPA and find out the laws on filing for dependents.
2007-11-30 14:20:19 · answer #9 · answered by Susan M 3 · 0⤊ 0⤋
who ever has residential custody gets to claim the child. who ever does pay support doesnt have residential custody.
2007-11-30 14:47:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋