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mythoughts | Legally who can claim the children on the income tax? |
My ex-husband wants me to let him claim 2 of our 3 kids on his income tax. He says that he is cutting me a tax break because he`s paying taxes on my child support. I live in Nebraska, he lives in California. The kids go with him evry summer for about 2 to 2 1/2 months. |
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waddell73
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You get to claim the children if they spend most of the year with, longer than 6 months, He is just trying to use them to either get a bigger return or to not have to pay. And the fact that he has to pay taxes on child support is because the money is still earned and payroll taxes still must come out of any income earned. Children are not tax free. |
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Doctor Deth
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YOU, having primary physical custody of them, have control over who can claim them - you have to sign over consent on a tax form (not sure of form number) in order for him to claim them - You don't have to let him claim them ever if its not in your divorce or support decree. My ex doesn't let me claim either of my kids and there is nothing I can do about it - she makes a lot less than me. so I let her have the tax advantages of claiming them - I don't understand you're Ex's statement of him paying taxes ion his child support payments - child support is not deductible - he has to live with that |
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Sarah D
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Legally, either of you can. You both cannot do it at the same time though. If I were you, I would claim all 3 of your children. You will fare better on your taxes and they live with you. I would not let him claim them. |
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Tuggamamma
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usually if they live with you full time then you claim them even if he pays child support. I know people who switch back and forth, like you do 1 this year then he just takes 1 next year. If it is not written in your child custody papers, then legally you don't have to let him claim any. BUT, most will take turns or split them. Keep in mind that the little bonus refund check you get this year will be based on your tax returns for 2007 so that is an extra 600 he will be getting! might be better off just letting him have one this year. If he pays a boatload of child support then it is only fair that you share the exemptions with him. |
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Judy1
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Legally you can claim them, or you can give him a signed form 8332 allowing him to claim them, stating that you won't claim them.
He is required to pay tax on the income that he uses for child support, he isn't just being a nice guy and cutting you a break that way. |
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Diana C
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This is the arrangment I have with my ex and our 3 kids
I always claim the oldest. he claims the middle kid and we alternate claiming the youngest. If he doesn't take the kids any other time than the 2 to 2 1/2 months in the summer I think you are the one that can legally claim your children on your taxes. By the way, my ex never takes any of our kids now that he's remarried. |
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ebosgramma
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According to the law you DO NOT get to choose. The following rules apply even though many people do not follow these rules when deciding who claims the children.
If the children only live with their father 2-3 months out of the year he CANNOT claim them.
Four tests will qualify a child to be a dependent
Relationship — the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew).
Residence — for more than half the year, the person must have the same residence as you do.
Age — the person must be
under age 19 at the end of the year, or
under age 24 and a be a full-time student for at least five months out of the year, or
any age and totally and permanently disabled.
Support — the person did not provide more than half of his or her own support during the year. |
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tone
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You must decide who will claim the kids, but alternate every other year with claiming the kids.. is what many people do ....but whoever has the majority of custody claims them as a rule.....work it out betwween you. He paying tax on the child support is bunk.. |
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srsauto69@sbcglobal.net
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you claim kids and he claims what child support he pays |
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