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This is the norm in NJ. One of my bfs has primary physical custody, her ex has typically every other weekend, one night a week. They, like most divorced parents I know in NJ, alternate who claims them on their taxes each year. If a father is contributing significantly to the cost of raising his children, even if he does not physically have them 50% of the time, he is entitled to claim them alternately on his taxes, since the tax credit is solely a function of finances.
I wouldn't want to be a custodial parent living in NJ then. I'd try to avoid setting the alternation in stone until physical custody is determined. If he wins joint physical custody, they can't have an alternating agreement because the IRS prohibits the lowest earning parent from claiming children when there is a 50/50 split of time.
No! You only alternate who claims her if they have joint physical custody. If your daughter has full physical custody with him only having visitation, she claims the child. It's based on how many days per year. Whoever gets one more day with the child at their home gets to claim the child. Your daughter should get a new lawyer if he says they have to alternate because that's really bad advice. She should only agree to alternate if he wins joint physical custody.
Ahh!! No he didn't tell her that. I said that's what I thought would happen.
Fob didn't file for joint physical. Only legal and a paternity test. My daughter countered with legal, physical and support.
She goes back to the attorney Monday for a final meeting before court the following week.
Ahh!! No he didn't tell her that. I said that's what I thought would happen.
Fob didn't file for joint physical. Only legal and a paternity test. My daughter countered with legal, physical and support.
She goes back to the attorney Monday for a final meeting before court the following week.
From my experience Taxes can be set up any way you want and SHOULD be brought up!!!! In my 06 hearing it wasnt brought up and we each filed willy nilly- NOT GOOD. Now its in our court order we alternate years and my sons dad has full custody. So yes it CAN be put in any way the judge wants!
From my experience Taxes can be set up any way you want and SHOULD be brought up!!!! In my 06 hearing it wasnt brought up and we each filed willy nilly- NOT GOOD. Now its in our court order we alternate years and my sons dad has full custody. So yes it CAN be put in any way the judge wants!
Oh my goodness!!! You both filed claiming?? That must have been a mess!
I will remind her to have that point made as well. I would never want to mess up taxes. I did one time and it wasn't a fun fix.
I just hope it's not a circus for her. I want to see what time she goes and I'm going to try and be there for her. I'm sure she will be ok with the attorney there with her but mom in your corner doesn't hurt either.
Hmm thought federal law required that an individual provide more than 50% of care or that dependent lived with you more than 50% of the time in order for you to claim.
Plus if she is in school she needs things set up whichever way is going to give her the best financial aid advantage. Childcare is expensive and even once the baby is in school before and after school care can still be more than some support orders.
From what I know some state do income shares and other states set support orders, even when noncustodial parent is unemployed, at a percent of what they would get if collecting unemployment. Thing is if he isn't working and she is working and in school he may suggest to the judge that he will provide daytime care while mother is working and in school.
Good for her, she needs a break. I bet school starts soon for her kids. Mine starts on Monday.
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