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Holly Golightly | Who can claim child on taxes? |
My ex does not pay child support, even though he has an order. On the custody order, it is worded that we have shared custody, with physical custody with me, he is alloted every other weekend for visits (which he never takes). My question is this, which one of us can claim my son? Logic says me, as I actually have him.
Additional Details
I have no idea if he will try to claim him, I bet he will because he is a sleeze. He did last year, even though he had not seen him in a year or paid support |
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whitney
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unless stated otherwise in the divorce decree, you claim your child assuming he lived with you over half the year and you provide more than half his support and under age 18 unless full time student up to 24
and for those that said if you have custody then you do they are only partially right because there are situations where one parent has custody but the other gets to claim the exemption, which would be stated in a divorce decree
and if he claims him first, then when you go to file your taxes, it will be rejected and it will show up that the child has already been claimed, then you would have to take it to court if you wanted to go that far, because he could get fined. so if he claimed him last year, hurry hurry and file your taxes first! |
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SHEЯЯI
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you do... im in the same situation and i claimed my daugher. is he goin to try and claim her?
*** if you try and claim the child after he does they will question you on it. you both wont get tax credit. do yours as soon as you get your w2 and tell them that he might claim the child but tell them you have the child all the time. He shouldnt claim the child at all. if he does claim him fight it so you can get the tax credit not him. try and get the tax credit for last year. tell them what happened. he will end up ownin that money back. |
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Liz
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The custodial parent claims the child. |
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jks_mi
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Your logic is correct. When parents are separated the first priority to claim a child for a deduction goes to the parent that the child lives with the longest, even if it is one day longer.
The other parent could claim the child only if the first parent allows him to in writing. |
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bobe
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If you house your child more than 6 months out of the year, then you would be the one to claim your child on your taxes. All you need is 6 months and 1 day which is the greater part of 1 whole year. Your ex will have problems if he's illegally claiming the child on his taxes. When he's caught and he will get caught he will be heavily fined. |
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Maris
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If it's not written in your divorce decree who claims him, then you do. |
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DS
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He lives with you over 50 percent of the time you claim him. You should get it in writing that you claim the child ever year not him. |
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Judy1
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Since you are the custodial parent, you are the one who can claim your son unless there is a valid court order saying that your ex can claim him.
The answer would be the same even if he WAS paying child support and seeing the child regularly. |
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imot1221
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You get to claim him...the only way he could claim him is if it was ordered by the judge that you have to to share claiming him such as he gets one year you get the other.... every other year..and he also has to spend at least half the year with his dad for his dad to have any chance in claiming him |
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MRS.BREAK
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you suppose to claim your child if he files the child also, you will still get your money and he'll have to pay the irs back the money he got from claiming the child |
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sunfly
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he cant claim her if your the sole provider |
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