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Wintergirl | Can my husband claim his 15 yr old daughter as a dependent if she doesn't live with us BUT? |
he pays $2,000 per month in child support, so he's paying for WAY more than half of her support plus he pays all her medical.
Additional Details
She lives with her mother (to answer the first person). I'm not her mother, we've just been married a year & a half. |
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schazjmd
 |
IRS Pub 501 covers that. For the noncustodial parent to claim the child as a dependent, one of the following requirements must be met:
"The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement made after 1984, later.) "
OR
"A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2007 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year. " |
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Tam
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The terms of the divorce generally stipulate who may claim her as a dependent. If they do not, then the parent with whom she lives is the one to claim her. |
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bostonianinmo
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Paying more than half of her support is NOT a requirement for the exemption claim for a Qualifying Child. This is a very widely held misconception but the law was changed several years ago as it applies to a Qualifying Child. The support requirement is that the child not pay more than half the cost of her OWN support.
The law gives the exemption to the custodial parent. The custodial parent is defined by that same law as the one with whom the child lives for the most amount of time throughout the year.
The custodial parent can relinquish the exemption to the non-custodial parent by giving the non-custodial parent a signed Form 8332 or similar signed statement. The non-custodial parent MUST attach that form or statement to their tax return.
In some cases the divorce decree or support decree may specify which parent gets the exemptions and when. IF the decree meets the strict language requirements laid out in Federal law (many do not) then the non-custodial parent may take the exemption in the manner laid out in the decree and must attach copies of the first page of the decree and copies of the pages of the decree that include the relevant language on the exemption claim. If the decree does not meet the strict requirements laid out in Federal law, the IRS is required by law to ignore the decree and award the exemption to the custodial parent. |
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northboy
 |
No.. |
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my_baby_colby
 |
If you went through court for custody it should tell you who claims your child on taxes. Normally I would think the custodial parent has the right but if it doesn't state it in the papers I would call your family court and ask. |
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Jill
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Usually the parent the child lives with gets to claim them, but sometimes the court order says different. I had a friend who shared joint custody of her son with her ex husband and he paid child support but only got to claim his son every other year. That way they both got to claim him. Your husband can take this issue back to court and demand that if he is paying that much in child support he wants to claim her at least every other year. |
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Renee C
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I am not answering your question because I don't know about that and it looks like you have some pretty good answers here. It is amazing how much child support people have to pay....including my husband. What this does is leave the door wide open for moms to fight for more time for more money and turn the child against the father because if the child doesn't go with the dad than dad pays astronomical amount of money.
How did your husbands support get up to $2,000? Ous is $1,000. and my husband makes pretty good money and we don't see is child much?
Just remember the will not last forever she is 15years old you have three years left.. |
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Faerie_Queene3
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No, the one she lives with is the only one that can claim her as a dependent. |
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Hannah
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...Where does she live at the age of 15? o_O |
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Kenya C
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If he pays for more than half of what it takes to support her, then legally she is his dependent and he can claim her as such.
The IRS doesn't care about who she lives with or who has custody of her, they care about who pays to support her.
If your aged mother lived in an old age home and you payed to keep her there, or if you paid the greater amount to keep her there, then she would be your dependent and you could claim her as such even though she wasn't in your care or lived with you. The same goes for anyone else whom you might support, including a kid of yours. |
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razzyandmax
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what does the divorce decree say? as long as more than one parent doesn't claim the child it is ok. |
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