|
|
Joined: Oct 2001
Posts: 1,690
Member
|
OP
Member
Joined: Oct 2001
Posts: 1,690 |
I have physical custody of our two kids, XH gets them every other weekend, every other holiday, and every other week during the 11-12 week summer break. We have joint legal custody.<p>Because they live with me, do I get to claim them on my return? What if he says he's going to claim them, is he entitled? Just curious. One of my friends, whose XH has more visitation hours than mine, said that she claims one and he claims one, it's in her divorce papers. There is nothing in ours about taxes.
|
|
|
|
|
Joined: Aug 2001
Posts: 30
Member
|
|
Member
Joined: Aug 2001
Posts: 30 |
Federal I think is the same, but state to state is different. <p>I believe in Calif. (where I am), Spousal Support is tax deductible (he gets the break if he pays you), and Child support I believe you would be the one getting the break. I would consult a CPA or a tax preparer. If you don't have an agreement, take what you can get.
|
|
|
|
|
Joined: Sep 2001
Posts: 4,063
Member
|
|
Member
Joined: Sep 2001
Posts: 4,063 |
PB,<p>The IRS typically allows the spouse that has primary custody to claim the children unless otherwise stated in divorce or separation papers. If the other spouse tries to claim them they must get permission in writing from the spouse with primary custody.<p>Here's the rules per 1040 instructions found on page 20.<p> Children who did not live with you due to divorce or separation.<p>If you are claiming a child who did not live with you under the rules in Pub. 501 for children of divrced or separated parents, attach Form 8332 or similar statement to your return. But see Exception below. If your divorce decree or separation papers went into effect after 1984 and it state you can claim the child as your dependent without regard to any condition, such as payment of support, you may attach a copy of the following pages from the decree or agreement instead.<p>1. Cover page (put the other parent's SSN on that page).<p>2. The page that states you can claim the child as your dependent and<p>3. Signature page with the other parent's signature and date of agreement.
<p>Take care,<p>ANNA
|
|
|
|
|
Joined: Sep 2001
Posts: 4,063
Member
|
|
Member
Joined: Sep 2001
Posts: 4,063 |
PB,<p>Just more tax information you or someone else who reads this may want to know...<p>The "earned income credit" could be a huge credit that a parent may be able to take if their "earned income" is under $32,000.00. That amount is only the money for the money you earned. This credit can NOT be taken if you are filing the status, "Married filing separatly". This credit is sometimes over looked even by person's filing your taxes. <p>Another question I've seen on here "If you are separated, can you file head of household?" The IRS allows you to file this if you have been separated from your spouse for over 6 months and claim a child/children as a dependent. This is found on page 19 of your 1040 instructions book. <p>Take care,<p>ANNA
|
|
|
|
|
Joined: Apr 1999
Posts: 8,016
Member
|
|
Member
Joined: Apr 1999
Posts: 8,016 |
Generally, the person who had the child in their home for more than 50% of the time takes them on the tax return.
|
|
|
|
|
Joined: Oct 2001
Posts: 1,690
Member
|
|
OP
Member
Joined: Oct 2001
Posts: 1,690 |
Thanks for the replies, looks good for me. I can definitely claim the EIC. I t hink I'll have to go to a preparer anyway (I used to always do our taxes, until last year) because the child support and other things are new to me.<p>Another thing for X to be a dink about. Oh well. He is violating our divorce order right and left. He's not going to be happy when I have the money for an atty and call him out on it.
|
|
|
|
|
Joined: Sep 2001
Posts: 826
Member
|
|
Member
Joined: Sep 2001
Posts: 826 |
Princess-<p>I know you've already had a few replies, but our papers stipulate that since we have four kids we each claim two as long as he is current on child support. Because he never is I will get to claim them all.<p>Good Luck!<p>K
|
|
|
|
|
Joined: Sep 2001
Posts: 4,063
Member
|
|
Member
Joined: Sep 2001
Posts: 4,063 |
PB,<p>I do my own taxes, one year I turned them over to a CPA just to make sure I wasn't missing anything, I reviewed his return to find I wasn't missing anything but then noticed the CPA made a basic adding error. He was embarrassed and redid them, even sending a courier to pick them up and deliver them, but from then on I did them myself.<p>IMO, I would try an independent, reputatble CPA in your area in lieu of say tax preparers that are similar to drive through McDonalds. They are often are too conservative to use tax credits that should be applied and herd you in and out, often overlooking tax advantages because they deal heavily in numbers.<p>Take care,<p>ANNA
|
|
|
|
|
Joined: Jan 2001
Posts: 301
Member
|
|
Member
Joined: Jan 2001
Posts: 301 |
Anna2K is correct at least she is for Texas. I had it written intot he final decree.<p>We have joint Custody. I get to take the write off every other year.. <p>The main reason I did this was not to get the deduction today as much as for the deductions I can take when and if she goes to colledge.. <p>My .02$<p>Tex.
|
|
|
Moderated by Ariel, BerlinMB, Denali, Fordude, IrishGreen, MBeliever, MBsurvivor, MBSync, McLovin, Mizar, PhoenixMB, Toujours
|
0 members (),
251
guests, and
76
robots. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
Forums67
Topics133,621
Posts2,323,490
Members71,959
| |
Most Online3,185
Jan 27th, 2020
|
|
|
|
