My husband pays child support to support his son can he claim him on his taxes if he doesnt live with us?

Question

The mother recieves state assistance and does not work so my husband provides all suport to the child

Answer 1

See IRS publication 501. This is a VERY close call. First your husband has to qualify under the rules for "divorced or separated parents" AND he has to get the mother's permission.

Essentially your husband must be able to calculate the total support cost for his son. He needs to get all of the numbers, including the amount of state assistance the mother is getting so he can fill in the worksheet in the publication. If he (and the mother) paid more than half of the total and the child lived with more than half the year with the mother (or the mother and him), the rules apply. (If the state provided more than half--the child gets a share of housing expenses--or the total can't be calculated, then your husband is completely out of luck.)

THEN he must get a SIGNED release from the custodial parent and attach it to the tax return. This is IRS form 8332. (Sometimes the divorce degree will suffice, but not always.) The release only gives the non-custodial parent the right to claim the exemption and the child tax credit. It does not extend to child care or EIC.

Answer 2

He provides what the state doesn't, which isn't exactly "all support" by the way.

And no, since he isn't the custodial parent, he can't claim his son unless the mother gives him permission in writing to claim him. The fact that she doesn't file doesn't change the situation.

Answer 3

Ordinarily, in plain cold terms, the person who has possession of the body gets the exemption. Your husband probably will not be entitled to claim his son.

Answer 4

you ought to document against him with the state lawyer everyday. additionally, if he falls at the back of and remains at the back of they're going to hold his earnings tax refund, purely happened to my ex, he filed in april and concept he replaced into getting back $3000, yet they gov. held it and sent it to the ag's place of work and that i've got been given the verify in september. I stay in Texas, however the ag's enforcement for help should not be that distinctive, reliable luck.

Answer 5

Theoretically, yes. I would consult a professional tax preparation service and show them the evidence you have, such as paycheck stubs showing the deductions, or cancelled checks if he sent them himself.


One thing to be careful with, is if the mother files taxes, even while on aid, and claims the child, and your husband claims the child also, they are likely to both be audited, and one of them fined.

Answer 6

It depends on the divorce decree between him and his ex.