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I have a question. I recently went trought court to settle child custody and child support. And I was very happy with the results, untill I recently review my paper and realize they said " The father should be entitled to claim the child on federal and state tax return. The mother should be claimed to the "earned income credit" for the child tax return 2008." What does this mean? Who gets to claim him and who doesn't? and What does it mean with 2008? Do i only get one year of tax return from my child? I was very confused with this. Does any one knows what this all means?
I'm not sure what that wording means, but you should have agreed to every other year claiming the child, my attorney told me that's the MOST common way of handling it, that way each parent gets to claim the child sometimes...
It's only right, that if the father is paying to support the kids, he is the one who claims them on his taxes. Chances are, that he makes more money, child support is determined by his earnings, so the court figures he is contributing the bulk of the actual support of the kids. Why wouldn't he be the one to claim them?
My lawyer told me it's customary for parents to do every other year.
His income doesn't matter, just becasue the mother makes less doesn't mean she shouldnt be able to benefit from getting more money back because SHE supports her child as well...SHEESH.
Any lawyer will tell you the same.
I would never agree to let the father have all the ability to claim and you none..it's not fair.
It's commonly set up so that the person (mother or father) who is providing the bulk of the financial support gets to claim them on the tax return. That benefit of getting to claim them, at least in our state, is shared on a pro rata basis by the claimer paying an increase in child support.
If you provide more than half of the child support and the child lives with you more than 50% of the year, you should be entitled to claim him/her as a dependent. If the other parent provides more than half the support and the child resides with them for more than 50% of the year, they should be entitiled to the claim.
If you provide more than half of the child support and the child lives with you more than 50% of the year, you should be entitled to claim him/her as a dependent. If the other parent provides more than half the support and the child resides with them for more than 50% of the year, they should be entitiled to the claim.
And what about where one parent provides more then half of the support, and the other has the child for more then 50% of the year?
Just asking since I never could fig out how a situation like the one above would go.
If you have a parent willing to pay more than 50% of the child's expenses and doesn't want more than 50% of the time with the child... I have a feeling the parents can come to an arraingement about this.
In my state, the person the child lives with files him/her on the taxes. Some parents agree to swap years, but CS here calculates the tax credit into the formula.
regardless of what it says on your child support or divorce decree- according to the irs- you have to have not only paid for 50% support, but that child must have spent more than 50% of their time with you. we have been audited 5 times in 10 years and everytime was an issue related to claiming our children (we have 5).
it clearly states in his divorce decree that dh pays 100% support, is entitled to claim both children on taxes, yet we still had to proove to irs that they lived with us most of the time. they did not care what the divorce decree said, even though we sent them a certified copy. fortunately, i kept a diary and had documented when the kids were with us, which was usable, that and she didnt contest. we finally decided to get primary residency (custody) established with us so we wouldnt have to go through that particular argument again.
Mercy, just bring out the sword and give the kid the King Solomon treatment. Folks this is a human being, not a tax deduction. Stop using your child for financial gain.
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