wartz
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The one who provides the home where he sleeps the majority of the time gets him. |
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v b
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WHERE does the 3 year old sleep? Your house? Then YOU are the custodial parent.
The custodial parent can either claim the child (and everything associated with that child) or they can keep the child for HOH eligibility, EIC and child care and sign over the exemption and child tax credit on form 8332 to the non-custodial parent.
Unless the non-custodial parent has that form attached to their taxes, they CAN'T claim the child. |
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anniemeaux30@yahoo.com
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the child can only be filed with one or the other parent. whomever the child has LIVED with for over 6 months in that year, is the one that is entitled to carry him. child support does not mater when deciding who claims the child but is claimed on the taxes.. I had this same issue with a godchild of mine. Whoever she lived with more throughout the overall yr is who was entitled to claim her.
if you both trying claiming the child whoever files first will get him. when the next trys it should show up that the child has already been claimed once his ssn is typed in.
Also it is illegal to claim a child that has not lived with you over half the yr. If for some reason you are audited one of you will be responsible for pay the irs back and will probably get fined for tax fraud. |
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taxtools
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This is from the Form 1040 instructions on IRS.gov
If two of the persons are the child’s parents, the child will be
treated as the qualifying child of the parent with whom the
child lived for the longer period of time in 2008. If the child
lived with each parent for the same amount of time, the child
will be treated as the qualifying child of the parent who had the
higher adjusted gross income (AGI) for 2008.
TaxRef
http://www.pdftax.com/ |
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Judy1
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Who does the child live with? If he lives with you for over half the year, then you are allowed to claim him. And it has nothing to do with any child support that is paid.
If you both claim him, the IRS will ask each of you for proof that you can claim him, and then decide - the custodial parent wins. The other person would have to pay back what they got by claiming him, plus interest and penalties. |
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ninasgramma
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Which parent has the child at the parent's home the longer period of time? That parent has first priority to claim the child.
What happens if you both claim the child is that the second person to file will have a rejected return. At that point, the taxpayer either removes the child from his or her tax return, or mails in the tax return and challenges the exemption. The IRS will sort it out. If you both had the child living with each of you the same period of time, then the parent with the higher AGI will win the tiebreaker. |
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Keith Black
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There are two parts to your question so I am going to answer them separately.
First if both of you claim your child the first (return) that makes it to the irs for processing will be accepted and processed. The second return will be rejected and/or held for further review because "someone has already claimed the child." That is the logisitics.
As for who has the right to claim the child - The custodial parent (six months or more) has the right of claim. If both of you qualify as custodial parents (i.e. lived together for a portion of the year or the child lived with you six months and his father six months) then either one can agree to allow the other to claim the child or if no agreement the court will use the tie-breaker rule. The parent that earned the highest gross income earns right.
By the way use Form 8332 and get your ex to sign in the event that he agrees to allow you to claim your son. This protects you from any misunderstanding in the future. |
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NOLA Girl in Texas
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Get an accountant. It is better to spend money on an accountant rather than make a mistake and pay more later. |
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Peachy
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if the child lives with you then you chould claim him. Tell the father to claim that he pays child support. |
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src50
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Who supports him and who does he live with? That party gets to "claim" him. |
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timandbren
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The best way is for you and the father to agree who claims him on even years and who claims him on odd years. If you both claim him on the same year, they(IRS) will kick back the 2nd entry if you file electronicly. If you file paper they will not catch it for that year but you are gambling with being caught and penilized. |
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golferwhoworks
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whom ever gave more than 50% of the support gets the tax deduction in absence of a court order. But many work it out every other year |
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Tim
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You two are going to have to fight over it. Someone will win, someone will lose. You might need a family law attorney. |
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Jennie
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what if i tried to claim my child as a dependent on my taxes and was rejected because my ex husband already filed? Since we came to a agree to just let the father claim what they happens to my taxes? Am i still able to claim myself and if so how long do i have to make my adjustments and re-file? What happens after this? |
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