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Who claims a child if you slpit the time 50/50?

Ok so my step son's mother agreed we would split the money for him every tax season but now cause she is mad we got a nice car she is not doing it this year. What rights do we have and is there anything we can do? PLEASE..this lady is ruining my life she is an alcholic that wants the money to drink anyway and she always tells us what we can and can't do with my step son. HELP ME!!!!

 
Mrs.Norris

Asked by Mrs.Norris at 3:10 AM on Nov. 23, 2010 in General Parenting

Level 13 (1,094 Credits)
This question is closed.
Answers (10)
  • I hate to break this to her, but if there are no court orders in place for who gets to file for him when...as far as the IRS is concerned, it is the first return that comes across their computer screen. So, get that W-2 and file first!
    salexander

    Answer by salexander at 12:46 PM on Nov. 23, 2010

  • You have a child 50/50 then each parent claims 6 months on their taxes for that child.
    AtHomeMommy-3

    Answer by AtHomeMommy-3 at 3:13 AM on Nov. 23, 2010

  • Generally, this is specified in the divorce decree. It will state who can claim the child and who cannot.
    justnancyb

    Answer by justnancyb at 9:44 AM on Nov. 23, 2010

  • TO AtHomeMommy if we do that we can't get in trouble? She said if we try to claim him at all she will say we are lieing ablout having him but we just went to child support court and told the judge when we have him and we got a no money pay cause its 50/50...Is that documentation so we can't get in trouble?
    Mrs.Norris

    Comment by Mrs.Norris (original poster) at 3:17 AM on Nov. 23, 2010

  • I would say that's fair documentation. Keep recepits and such of things you do together and keep a notebook of the days you have him and what goes on during those days. It's good to have ACCURATE records when going to court or even doing taxes on these things.
    AtHomeMommy-3

    Answer by AtHomeMommy-3 at 3:21 AM on Nov. 23, 2010

  • Go back to court and have the tax sharing documented/ordered. That stinks that she is being difficult.
    blessedwithree

    Answer by blessedwithree at 3:31 AM on Nov. 23, 2010

  • Don't you have a court order (your husband) that proves you have the child 50/50?
    cat4458

    Answer by cat4458 at 3:53 AM on Nov. 23, 2010

  • Why are you dealing with the step-mother in this situation why aren't you speaking with his father about this. Not once in your question did you mention his father. This step-mom need to mind her own business and allow you and your ex to deal with this. I am a step-mother also and I keep my nose out of things that have to do with money and how they discipline there child.

    raemommy

    Answer by raemommy at 4:23 AM on Nov. 23, 2010

  • I don't think you can both claim him. I know my ex and I have 50/50 custody but only one of us can claim him every year. If she is going to be difficult then you need to have the tax reports court ordered as well. GL
    kmath

    Answer by kmath at 5:15 AM on Nov. 23, 2010

  • It should be written in the court order. If not, you need to speak with someone that does taxes to find out what you are actually allowed to do - last year they enacted a whole rash of new paperwork for stepchildren.
    Scuba

    Answer by Scuba at 8:31 AM on Nov. 23, 2010