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LEL61719 | Divorced Couple, Unsure Who Should Claim Child? |
I have a friend who is trying to figure out who should claim their child. This is the first year they are filing separately and the divorce decree has nothing in it about who gets to file. Here is the scenario:
The daughter lives w/ her but the father has joint custody and has the daughter about 30% out of the year.
The mother pays for the health insurance & afterschool care which added up together is $345 a month.
The father pays $600 a month child support (which is enough to cover the afterschool care and insurance)
Both of them are living by themselves and are fully responsible for their own household bills.
Who is this scenario is providing over 50% of the child care?
If they can't come to an agreement where does it go from there? |
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Judy1
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Doesn't matter taxwise who is providing over 50%. By IRS rules, if the daughter lives with mom over half the time, mom gets the deduction unless she voluntarily signs it over to the dad - she can use form 8332 for that.
How much each of them pays to support the daugher doesn'tr matter in who legally can take the deduction for her. |
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★★★ Katharine ♥♥♥♥
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THe mother - he lives with her 70% of the year. So, she can claim him every year - as long as nothing is in the papers. If he wants to claim, he might have to go back to court, or... the mother would have to agree to it(which, doesn't benefit her.) |
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junebug
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She should claim the child as she has her most of the year. |
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Celeste
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Since there's no notations in the divorce about the ex getting the exemption, the child lives with the mother more than 50% of the year, the mother provides the majority of the support...The mother can claim the child.
Child support doesn't count in regards to who supported the child more. And child support is neither taxable to the payee or a deduction to the payor. |
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alleykhad607
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who ever the child lives with full time
is the one who claims the child |
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Feeling Mutual
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The person who has the child for the most time should list the child as a dependent.
There is a form she can fill out to allow him to have the child as a dependent. But that also would preclude her from head of household filing status.
If they agree, they can alternate every year, but the other parent has to sign the form for the parent who is getting the deductions.
The father does NOT get a deduction for child support payments.
The mother does not get taxed on child support payments. |
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LilMissCantbewrong
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I would say the mother. Is there any way that they could take a turn each year claiming their daughter? It may sound very tedious to do, but it is a fair way. |
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stefanianderson22
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Whoever has the child the most out of the year should be able to claim the child. |
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Michele N
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If I was the mother I would claim her because she would get the best tax benefit. If the fathe claims her he would not be able to receive EIC because she did not live with him. Generally even with child support usually the primary caregiver provides more support. |
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Questions
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I think it's equal... the man should be expected to contribute more in way of caring for the child, and it's not the money but what percentage of that cash is from the person's income... |
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