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#792635 02/11/01 12:34 PM
Joined: Aug 1999
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Just a reminder...<P>You and your husbands <B>MAY</B> be entitled to claim the OC as a dependent on your tax returns.<P>Another thing....if you owe any back child support, your tax refund (if you have one) may be routed to pay that. Your best option may be for your H to sign a new W-4 and have as little income tax deducted from his check as possible, even if it means paying some in when you file next year.

#792636 02/12/01 09:17 AM
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sweetpea,<P>Thanks for telling everyone this. it only works if their is contact and the OW cooperates. Because you have to have all of the living expenses to write down, and prove that you cover over half of the expenses. It is pretty hard to do unless there is a honest and open relationship with the OW. I think it is funny how alimony can be a tax deduction, but nothing for child support. You would think they would give the break for the person who can't work, a child, versus a former spouse.<P>babstr.

#792637 02/12/01 11:06 AM
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There is also a form that can be signed giving one parent the ability to claim a dependant, regardless of who has paid the major amount of living expenses. This is IRS Form 8332. Of course, this also involves OW and she has to sign this, giving over the ability to claim child as dependant to the father (or mother in the reverse case). <P>Here is info from IRS web site:<P><B>Noncustodial parent.</B> <I>Under the special rule, the parent who did not have custody, or who had it for the shorter time, is the noncustodial parent. The noncustodial parent is treated as the parent who provided more than half of the child's support if any one of the following three conditions is met. <P>1. The custodial parent signs a written declaration that he or she will not claim the exemption for the child, and the noncustodial parent attaches this written declaration to his or her return. <P>2. A decree or agreement went into effect after 1984 and states the noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support. <P>3. A decree or agreement executed before 1985 provides that the noncustodial parent is entitled to the exemption, and he or she gave at least $600 for the child's support during the year. This is true unless the pre-1985 decree or agreement was modified after 1984 to specify that this provision will not apply.</I><P>Anyway, it is worth checking with your lawyer to see if this could be dealt with during CS and visitation. Don't think that just because you may not be able to prove 50% of expense that you couldn't claim OC. <P>Talk to lawyer and/or tax guy. Take care... Carolyn <BR>


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