I have had full custody of my daughter for 15 years and her father has under paid her child support for 15 years, Now he just recently got full custody in September of this year 2007....Wo gets to file her on income taxes.....I had her until the later of the year.He thinks that just because he got full custody in Sept.he should file her and not me. What about the months prior when I had her.We were never married but this should not matter, I still should be able to carry her this time...RIGHT.
2007-12-16 00:45:27 · 11 answers · asked by REALLY NEED HELP 1 in Family & Relationships ➔ Marriage & Divorce
Here in Wisconsin the parent who had the child 6 months or more of the year claims them as their dependent...the parent who pays child support claims the child every other year.
2007-12-16 00:53:56 · answer #1 · answered by sadie_oyes 7 · 0⤊ 0⤋
Be very,very careful, as I am paying back the IRS $5000.00 due to the fact that child custody was bouncing around the courts & I felt that I had rights to claim my children but so did my ex, so we both claimed our children without either knowing, & I even had paper work signed by a judge giving me temporary custody, its a messy situation but the IRS doesnt give a damn. I can tell you one thing, they determine the factor by who has had the child for the last 6 months, so the 15 years means nothing, it is the last 6 months that will come onto play, but what you should do that I didnt do is contact the IRS and speak to a case worker.
2007-12-16 01:00:16 · answer #2 · answered by penelope 5 · 0⤊ 0⤋
You do...but make sure you have clear paperwork defining the time she was actually living WITH you, in case it becomes an IRS issue. (school records showing addy etc) Tell her father that this is what you are doing, so there is no red flag on either of your tax statements. Then remind him that after this, HE can claim her til she is 18.
2007-12-16 01:35:18 · answer #3 · answered by that judi 6 · 0⤊ 0⤋
The family dog gets to claim the child on the income tax.
2007-12-16 00:51:28 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If she lived with you more than 6 months, you would claim her this year. If you both claim her, you will both probably get audited, and he would win up having to pay penalties and interest on his underpayment of taxes.
Keep in mind in calculating the time, you must subtract the days she was with him for visitation. So if she was with him every weekend, you need to subtract those days.
2007-12-16 03:18:28 · answer #5 · answered by rlb1961 3 · 0⤊ 0⤋
I think the custodial parent gets to claim her on his income taxes. You could call the IRS and ask.
2007-12-16 00:51:32 · answer #6 · answered by deerlady2000 3 · 0⤊ 1⤋
I believe you are correct - its the parent who has custody the majority of the year, but its better to check w/ a tax attorney.
2007-12-16 00:50:16 · answer #7 · answered by Jason K 4 · 0⤊ 0⤋
If you had her for six months and one day you claim her,but be prepared.he will file her and you will file her and both of you will get audited.You and him will have to prove who had her for the bulk of the year.But if she just moved in with him in sept. It is all you baby.Good luck.
2007-12-16 01:06:08 · answer #8 · answered by Anonymous · 0⤊ 0⤋
who has she lived with in 2007? if she lived with you, for at least 183 days of the year, you claim her.
2007-12-16 00:49:09 · answer #9 · answered by poodle mom 6 · 0⤊ 0⤋
I'm going to guess you can claim her, make sure you tell "him" what you are going to do asap so you do not have the IRS knocking at your door.
2007-12-16 00:52:14 · answer #10 · answered by kim t 7 · 0⤊ 0⤋