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GOV and look at publication on about page My question is, if I paid child support for my child providing more than half his financial support for the year, do I have the right to claim him on my income taxes if he lives with his mother who does not provide even half of his support?

Hi, Thomas. If you would like to have visitation with your child and you cannot reach an agreement with mother you or your atorney must file a motion in court requesting visitation. The parent with the majority of custodial time is entitled to claim the child as a dependent unless there is a written agreement between the parties otherwise. Hi, I have one question, My sons father would like to claim my son on his taxes, but he still owes back child support, in the child support order he is able to claim my son every even odd year, if he does not owe back child support.

He Still owe back child support what can i do to make sure he can not claim him? If your child support order provides that father cannot claim your son as a dependent in odd numbered years if he owes child support, then you are able to claim your son as a dependent. Be sure to review the order carefully to ensure that this is what the order provides. You will also want to include a copy of the order with your return and an explanation that father owes child support, thus you are entitled to take the deduction for that year. Here is my question. When we need diapers and wipes, he will ask his mother or I will have to ask mine.

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I did have some money saved up which paid for a majority of the necessities that my children and I needed. His mother also pays the house taxes and the insurance ans taxes on his car. What I am wondering is, can my mother claim my children on her taxes? I know that if he claims the taxes they will be gone he will have nothing to show for it.

I would like to get the money back and pay his mother what is owed, I will also be moving out soon and could use it for living expenses. We are not married by the way. He is threatening that if anyone but him claims the children he will have them thrown in jail.

My thing is, he barely even supports them, he pays the electric bill and that is absolutely it. So would I get in trouble if my mother claims my children? The parent or person with the majority of custodial time is entitled to claim the children as dependents. My soon to be ex wife and I separated on July 20th. She filed papers on August 7th.

We do not have a separation order or a divorce decree. Only a temporary parenting plan signed by a chancellor. She went and filed married separate and got a dollar refund. I am now stuck with a dollar liability. Is this legal? I have custody of my little girl by court papers and her mom had standard visitation but my daughter wanted to stay with her mom so I have let her most of the year over half. I still pay for her health and dental insurance.

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Is that legal even though I have full legal custody in the court papers and taxes are not addressed in them. I am divorced with two children, and I have primary custody of them. They see their mother every other weekend. My divorce decree states that if my ex does not pay all of her child support for the tax year , she cannot claim one of our children on her taxes. Her support was due on December 28, and has not yet been paid. My question is, does that mean that if the support is not received by December 31, it has not been paid for that tax year?

Is there a certain cutoff date that applies?

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Unless your Judgment specifies otherwise, you may assume that the end of the tax year is December 31, It is my husbands year to claim his son and this will also be the first year that he and I file as a married couple. Yes she is the custodal parent but that decree in their divorce papers override the fact that she can claim him right???? The terms of the agreement control. You and your husband should claim his son as a dependent this year as set forth in the agreement. You should also attach a copy of the agreement to your tax return.

Hi Jessica — Was just wondering if you ever got this resolved? Did you have to fight it through the IRS? I am going through the same thing now with my husband and his ex-wife. The exact same scenario except when we went to file our taxes this week late they rejected it saying that his ex already claimed their son. Hi Jessica — Was wondering what was the outcome of your tax issue? I am going through the exact same thing with my husband and his ex. Except she already filed her taxes and claimed him. We did ours late and when we submitted our return they rejected it saying that his son was already claimed!

I have 2 children of which I pay support for. Their mother is the custodial parent however she had no income whatsoever and claiming either of the two would be pointless. According to our decree, we each claim one of the children unless she has no income then I am entitled to claim both children. Since this is in the decree do i still need to have her sign a IRS form ? Lastly, when filing my tax paperwork what do I indicate is the time spent living in my household? Yes, your ex spouse needs to sign IRS form Your tax paperwork should indicate that actual time the children spend in your household.

I never been marry but I recently got separated from my ex boyfriend. Now that I left can he claim her in his tax return? I live in Illinois and he stays in Minnesota my daughter was born in Mn too. In order for a person to claim a child as a dependent on his or her tax return, that person must be a parent or qualifying relative. My husband and I have been divorced for 2 years.

Is there a tax advantage for him in doing this? The cost of some health care plan premiums are deductible expenses. Whether your ex spouse is able to deduct the cost of health insurance premiums he pays for you and your son depends on the type of health insurance plan.

If the custodial parent is self employed and does not pay taxes does that mean that the noncustodial parent can claim the child on his taxes being that he provides for the child? If she does not pay income tax does not filing of the child go to the noncustodial parent if there is no one else supporting the child? Also, if the custodial parent allows another individual to file the child for an excess of cash is this not illegal?

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The custodial parent is entitled to claim the child as a dependent on their Federal and State income tax returns. If the custodial parent has no income and has no use for the dependency exemption, the custodial parent can sign IRS form which allows the other parent to claim the child as a dependent. A third party is not entitled to claim the child as a dependent unless the child lives with that person for the majority of time. I have a question my boyfriend and I have been raising his son for the past year, But there is a court order saying his mother can claim him for tax returns for Can we still claim him or would we get intruble.

I think its wrong for her to get that money when she has not had him.

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And there is not enough time to change it threw the court. If you and your husband want to claim his child as an exemption for this and future years going forward because your husband is the parent with the majority of custody then your husband should obtain a court order providing that he is parent entitled to the dependency exemption.

Physical custody is the actual timeshare or visitation. Legal custody is the ability to make decisions about health, welfare and education of the child. Physical custody is relevant when determining which parent is entitled to claim the child as a dependent on their tax returns.

So my question is I get ssi my boyfriend is waiting for his ssi and we have a 6month old daughter our daughter stays with her gma my boyfriends mom down in the cities cause she helps with a lot of her care and baby stuff my question is my daughters godmother is my boyfriends sister who lives with my boyfriends mom can my boyfriends sister claim her seeing that she lives with them and has been for like three months.

A family member may be able to claim the child as a dependent on their tax returns, if the child resides with that person for the majority of time. I am divorced with 2 children. I want to claim the children on taxes and so does my ex.


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The amount he pays in child support is about the same amount I make yearly. I live with my fiance that also helps support the children.

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I am the domiscile parent and their father sees them only every other weekend. We have a verbal agreement only that I can claim the children, but he seems to be changing his tune this year…what would happen if I claim the children before him and then he tries. We have nothing in our divorce decree that states anything about this. Since you are the parent with the majority of custodial time , you are entitled to claim the children as dependents on your tax returns.

I am a single mother with two daughers. My eldest has a baby and is going to school full-time. She has had two part-time jobs last year, but nothing to put her over the dependency limits. Can I claim my daughter and still have her claim her son as a dependent? In other words, she still wants to file her own taxes and claim her son, while I feel that I have a right to claim her, since i pay for everything.

Since you daughter did not earn much money, it makes more sense for you to claim both your daughter and grandson as dependents. I am divorced. My four children live with my ex wife. My ex wife did work at all last year.