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coldconfession13 | Claim kid if you are paying child support? |
Could you do this? I mean techincally you do support the kid in a way. I'm just being curious. |
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Rob
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Paying child support does not consitute supporting a child, by paying rent, utlilities, food, clothing, transportation,medical care. and the other expenses needed to raise a child.
You must provide MORE than 50% of their support, they MUST have lived with you MORE THAN 50% of the year. there are other rules to be able to claim a child on a tax return. See Publication 17 and 501 |
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Cat
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No. Custodial parent claims the dependency exemption.
Exceptions would be if the separation/divorce decree gave you the exemption, or if the custiodial parent signed a form 8332, giving you permission to take the exemption.
Also - child support payments are NOT deductible. |
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Overtaxed
 |
sorry, phoebe is WRONG. You cannot deduct child support payments. You CAN deduct Alimony. There is a very distinct difference. If you receive Alimony, it is taxable income. If you receive child support it is not taxable income. Hope that's clear!
Now your question. The child has to live with you to claim the exemption. |
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dances with unicorns
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If you provided more than half the support for the child, and the custodial parent gives you the deduction, you can take it. Otherwise, they're simply child support payments that you can't deduct any more than you can deduct your electric bill. |
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Judy1
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If you are not the custodial parent, you are not allowed to claim the child no matter how much child support you pay, unless you have a court order (such as in divorce decree or support order) saying that you are allowed to claim the child as a dependent, or unless the custodial parent has given you a signed statement saying that you may claim the child and that the custodial parent will not - there is a specific IRS form for the custodial parent to do this or they can use a hand-written statement as long as it contains all of the same info as the IRS form does. |
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yarrie15
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If you have a court order to claim the child then you can claim him, if you don't then the custodial parent has more right to do so. There are a series of test that you have to pass in order to claim your child. Paying child support does not give you a right to claim your child. You are not even able to deduct child support payments. |
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DL
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No. Not just because you're paying child support. If you have an agreement in the divorce that you can claim the child that's fine. But normally the parent that the child lives with at least half of the year claims him. |
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Yvette B yvetteb
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curious is a good thing, its how we learn and explore (i'm bias, because i am curious about almost everything) :)
ANSWER: not unless you provide more then 50% of the child(ren) living expenses with that support, and theres the time period the child spends at your home....
or its court ordered that you can (divorce order or other court order).
here are some links to help answer some questions about child support and tax questions...
TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
oh yeah, one more thing, if you BOTH claim the child, the IRS will audit both of you. and the one with the living expenses receipts wins.
you pay what? 400? 600? 900?
ok, lets see...
rent; 1000
electric 300
food 400-600
diapers 75-150 per month (fluctuates when baby is sick or teething)
heat 300
phone/cable 100
auto; (for doctors, dentists, take to school when they miss the bus, pick up when sick, pick up medicines, get food) 200
clothing/shoes/boots 200-400 every 2 to 3 months (seasonal and they grow)
that doesnt even include daycare, school supplies, hair cuts, class trips, class pictures, over the counter medicines, prescriptions, laundry det, dish det, cleaners, soap, shampoo, toothpaste, christmas, easter, tooth fairy, birthdays, etc. and sooo much more.
you'll know if you provide more then 50% or not.
. |
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bostonianinmo
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The exemption goes to the custodial parent unless the custodial parent voluntarily relinquishes it.
To clear up the court decree issue, just because you have a decree that says you get the exemption does NOT mean that you are entitled to it according to the IRS. A post-1984 decree must meet VERY SPECIFIC guidelines in order for the IRS to accept it! See IRS Pub 501 for full details on that. |
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miss-snoopy
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To answer your question lets play a scenario:
If you are the father who has to pay child support but does not have custody of the child(ren)you are allowed to claim them for one tax year only as a dependent unless it is otherwise stated in the divorce decree.
Child support cannot be claimed by you or used as income by the spouse recieving it.It is solely for the child for which you and your ex created and must support.
Here is a true life example:
When my son was under 18.My divorce decree stated that my ex-husband was to claim my son as his dependent .I was the primary residential or custodial parent and could not claim him as my dependent .
I could claim head of household and get earned income credit.I could claim head of household because I was unmarried and had to support my son.
Taxes are very confusing but if you have any more questions you can find answers on IRS.gov |
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Mark S
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you can claim it. if you are interested in some tax deals i found that there are some tax prep online sites. here are some sites. |
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Akida
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depends on who gets to claim the kid in the divorce decree. If you weren't married in general goes to the person who has physical custody. I agree with you, if a person is current on their child support they should be able to claim the child. I also feel the rules need changed on taxes on child support. The custodial parent gets the money and had to pay no taxes on it, and the paying parents doesn't get any tax credit that they ever paid a penny. Time to get with it...on child support Tax laws!
I also know that if I had children or not, I would still have to pay electic bills, pay rent and make a payment on a car. I also would buy groceries as I do enjoy food.
I also have wondered...why it is when you married the child cost about $200 a month to raise, and when you get divorced that same child cost $500, and that's only considered part of the SUPPORT. |
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mama2tstnj
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My ex husband and I have 2 kids together. He claims one and I claim the other. BUT he only gets to claim him if he is current on child support and I get to claim him for earned income credit. There is a form that I have to sign every year that the tax people give me that gives him permission. It is only the dependant exemption that he is allowed to claim. For the earned income credit the only way you can claim that is if the child lives with you more than 6 months out of the year. My ex only gets my children for 2 months in the summer. Without the form from me he is not able to claim him. |
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Dizney
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what does the divorce decree say? If it says your ex gets to claim them, they get to claim them. If they say no, you have to petition the court to get it changed. Don't just claim the kid since you feel like you are entitled to. You have to talk about this with your ex.
Also to claim a child you have to provide them with over 50% of their support. If you think that the child support payments are 50% of the child's need during the year, think again. |
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Jen
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It is based on the court agreement. Typically, the custodial parent claims the child as their dependent, not the person who pays the support. Unless you have a seperate agreement of course, and a signed document stating that the custodial parent is not claiming the child. The IRS has a specific form for this. |
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SuzeY
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In order to claim someone as a dependent, the person needs to meet certain IRS qualifications, first and foremost being a relative. So, if you're just helping out a friend with his child, then no, the child wouldn't be your dependent. Is that what you're asking? |
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college girl
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You don't claim the child you do claim the child support payments |
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