Here's the deal. My ex (which I was never married to) is threatning to file my daughter on his taxes. He claimed her one year and I claimed her the other. Now, we are broken up. He and I have shared custody without a court order. He, however, wants to claim her on his taxes but I want to claim as well. I paid the majority of her childcare with checks and have all the reciepts. I also provide her with medical through the state of NJ. Who can legally claim her and actually win?
2007-12-08 03:44:02 · 3 answers · asked by krazireneebte 2 in Politics & Government ➔ Law & Ethics
If she resides with you and you have provided more than 50% of her support, then you can claim her.
To avoid this in the future, you might wish to get a family court to rule on this, or one or both of you will be subject to repeated audits.
2007-12-08 03:48:27 · answer #1 · answered by TheOnlyBeldin 7 · 1⤊ 0⤋
If the child is in your custody you have the right to claim her on your taxes and not him, even if he pays child support unless you both are in agreement that he can claim her as a dependent on his taxes and if that were the case you have to sign a form 8332 which is a Release of Claim to Exemption for Child of Divorced or Separated Parents and indicate the child's info and the year that he is authorized to claim the child in question. Hope this helps, good luck!
2007-12-08 12:02:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your daughter lives with you, you should claim her on your tax return unless your ex can prove that he contributed more than 50% toward her support.
Remember that food, rent, utilities, etc., count toward support.
2007-12-08 12:37:56 · answer #3 · answered by Ti 7 · 0⤊ 0⤋