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ok so i have all custody i let him take her weekends no court decided that all they decided was 2 days a week and he pays child support is he still allowed to claim her

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Samesame

Asked by Samesame at 11:19 AM on Dec. 22, 2010 in General Parenting

Level 2 (6 Credits)
Answers (14)
  • The full custodial parent is the person who claims the dependents.
    Musicmom80

    Answer by Musicmom80 at 11:20 AM on Dec. 22, 2010

  • It depends on what the court says. We have joint custody, but I am the residential parent. He gets to claim her every other year.
    gumby11883

    Answer by gumby11883 at 11:22 AM on Dec. 22, 2010

  • Depends on the legal term - do you have sole custody or joint custody. What you've described can be either. If it's sole - I believe you take the deduction. If it's joint, it's something you can agree to, one of you takes it one year, the other takes it the next year, or you can agree that one or the other will just have the deduction. If you can't agree you can have a court decide.
    amybaby_19

    Answer by amybaby_19 at 11:23 AM on Dec. 22, 2010

  • can you change the status if that is whats on the court statement
    Samesame

    Comment by Samesame (original poster) at 11:23 AM on Dec. 22, 2010

  • If both of you claim him when you do your taxes, who ever filed second will have to pay back the $$ from the tax credit. This happened to my friend.
    Musicmom80

    Answer by Musicmom80 at 11:26 AM on Dec. 22, 2010

  • Yes he can.
    Mom2Just1

    Answer by Mom2Just1 at 11:27 AM on Dec. 22, 2010

  • Oh btw, two days a week is not considered full custody nor is it joint custody. That's visitaiton.
    Musicmom80

    Answer by Musicmom80 at 11:27 AM on Dec. 22, 2010

  • If you have joint custody you can agree that you rotate from year to year who gets your daughter as a deduction.
    crazycoolmom3

    Answer by crazycoolmom3 at 11:28 AM on Dec. 22, 2010

  • It also depends on how much the child support is and how much you pay for her living expenses. A percentage of utilities, rent, groceries, etc. will determine her living expenses. How many in your household? Two, divide by half. If you put in more towards her expenses than he pays in child support, you get to claim her. Keep track of everything you spend on her; shoes, clothes, rent, groceries, etc. Keep an envelope for each month. If you have to prove in court that you spent more, this will be your survival kit. To be sure about the percentages of rent, utilities, etc., ask Legal Aid or someone that knows the laws in your state.
    Kimimale

    Answer by Kimimale at 11:29 AM on Dec. 22, 2010

  • Unless you have given or the court has ordered he gets to claim her, she is your dependent. She has lived primarily with you and you get to claim her. The question is did they live more than 6 months of the year with you and she did. So unless other agreements have been made she is your dependent.
    tootoobusy

    Answer by tootoobusy at 11:30 AM on Dec. 22, 2010

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