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Additional Details
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Additional Details
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Nodor | It's Tax time...who claims our daughter...? |
My ex and I have 50-50 custody of our daughter.
I have my own apartment, pay all the bills, food, and my daughters pre-school.
My ex lives at home with her mother and only pays for her phone and car payment.
Who should get to claim our daughter and get the dependent and EIC on their taxes? |
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Robert in Nuuanu
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Depending on your ex-wife's income, your Mother-in-law may be able to claim both your daughter and her daughter and get the EIC. It would be to all of your advantage to go to a Tax Pro together and find out how you get the highest total pot of money back.
If the child is the qualifying child of more than one person, only one person can claim the child as a qualifying child for all of the following tax benefits: EITC, child tax credit, dependency exemption, head of household filing status, and the credit for child and dependent care expenses. The other person(s) cannot take any of the five tax benefits listed above. If they cannot agree who will claim the child as a qualifying child, and more than one person actually claims tax benefits using the same child, the tiebreaker
rule applies.
Under the tie-breaker rule, the child is treated as a qualifying child only by:
1. The parents, if they file a joint return,
2. The parent, if only one of the persons is the child’s parent,
3. The parent with whom the child lived the longest during the tax year, if two of the persons are the child’s parent and they do not file a joint return together,
4. The parent with the highest AGI if the child lived with each parent for the same amount of time during the tax year, and they do not file a joint return together, or
5. The person with the highest AGI, if none of the persons is the child’s parent. |
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P.Y.T.
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well since you have more responsibilities it would only be fair that you claimed her. it would also make a difference who made more last year.(probably you) talk to her but it would make more sense cause im sure she gets help from her mom, and it doesn't look like she has alot of bills to pay off. |
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Judy1
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Who does the child actually live with the most? You say 50-50, but is she with one parent more nights of the year than the other? Even one more night? If so, that's the parent who has the right to the deduction unless there is a valid court order giving the deduction to the other parent, or the two of you agree in writing that the other parent can take the deduction.
Only the parent she lives with most can take EIC for her, even if the other parent claims her as a dependent. |
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Daivim D
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If you are divorced, the divorce decree will state who claims the dependent. Otherwise, the custodial parent gets to claim. A custodial parent is the parent with whom the child resides for a greater number of nights during the calender year. |
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Pip
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It should be the one that has the greater responsibility to her. If your ex lives with her mom and her mom is supporting her life style, 51% of it, then by law your ex can not claim your daughter. You can not claim someone as a dependent when you your self is being claimed as a dependent. |
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tofuisgood_2000
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There is no written law on who gets to claim your daughter. It is usually the person that can substantiate her support. You should have a written agreement on who will claim her. This should have been an issue brought up during your divorce proceedings. |
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monkey856
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who does she live with?? i say is the person who she stays with.. or you can claim her this year and she can claim her next year |
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Jo
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You 2 have to work out an agreement -- one claim her this year and the other claim her next year.... |
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