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taxes... who claims our daughter??

my husband (soon to be ex husband) are going to be filing for a divorce... we've already done taxes for this year but i was just wondering about next year- who will claim our daughter. we will have shared (joint) custody and he'll pay child support. someone says he will be able to because he'll pay child support- but she'll be living with me. how can he claim her????

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Anonymous

Asked by Anonymous at 11:50 PM on Feb. 25, 2009 in Money & Work

Answers (11)
  • generally it's whoever has primary custody. this is something you should have stipulated in the divorce decree. you might also alternate, it depends on your state laws sometimes.
    teri4lance

    Answer by teri4lance at 11:57 PM on Feb. 25, 2009

  • thanks
    Anonymous

    Answer by Anonymous at 12:00 AM on Feb. 26, 2009

  • Either the courts will say, like the above person mentioned or according to TurboTax (saw it while I was doing my own taxes....was confused whether my DF could have a fit over me claiming our daughter or not) whoever makes the most can claim her.
    madelyns_momma

    Answer by madelyns_momma at 1:15 AM on Feb. 26, 2009

  • A lot of times, that is addressed in the divorce papers. My mom had custody but my dad got to claim us.
    Anonymous

    Answer by Anonymous at 8:41 AM on Feb. 26, 2009

  • Typically it's the parent who has the child the majority of the time. BUT, it may also be the parent who has the child on their health insurance. I got divorced in June, I have Sole Custody, so normally I would be the one to claim our son. However, we live with my parents and so he would have health insurance he is on their policy. So MY PARENTS legally have to claim him and I cannot simply because he's on their health insurance policy!
    Mom2Jack04

    Answer by Mom2Jack04 at 9:33 AM on Feb. 26, 2009

  • irs.gov has a whole section on this under dependants. I looked it up last year. Unless other wise stated by court order the primary parent (one receiving cs) gets the deductions.
    babyfat5

    Answer by babyfat5 at 10:08 AM on Feb. 26, 2009

  • WOW Mom2Jack04 I've never heard of that - crazy...

    Everything I've ever read stated the person who the child resides with for 6 mos or more -- but IDK if there are difference between states as we don't have state income tax here...so perhaps that makes things more complicated??
    beachmamaof2

    Answer by beachmamaof2 at 10:49 AM on Feb. 26, 2009

  • yes if you can legally be claimed as a dependent for someone else than you yourself cant claim a dependent....so if she lived with her parents for 6 months or more of the year they can claim her child and her too if they wanted.....even if there wsnt the health ins issue....i went through this with my mom when i lived there and boy did we have some battles over it....but to answer the question unless it is written in the divorce papers, if she lives with you, you claim her....there is some kind of credit he can get on his taxes for paying child support but that doesnt mean he gets to claim her
    DaraMichelle

    Answer by DaraMichelle at 11:18 AM on Feb. 26, 2009

  • In my state and using my moms divorce as an example. He paid child support and got to write me off on his taxes. You get his child support money tax free but he is taxed on it.
    partiesbyjan

    Answer by partiesbyjan at 2:25 PM on Feb. 26, 2009

  • A CPA should be able to help. You may want to make sure your both on the same page even if you are EX's. If you both put her SS# down its likely to get you audited.
    Anonymous

    Answer by Anonymous at 2:29 PM on Feb. 26, 2009

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