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who gets the tax refund? ETA

Anonymous
Posted by Anonymous
  • 32 Replies
Ok so my DD's father and I aren't together. She lives in my house and he has visitation of every other weekend and one overnight during the week. I worked from march of 2012-march of 2013. I had to leave my job for personal reasons. My question is who gets to claim DD on their tax refund? Me or him? I feel like I'm entitled to it and of course he thinks he is. He seems to forget that I cut him a major break on his CS payments and that he is still employed. I need the money more then he does now that I have no income. Idk if I'm going to be able to get disability yet and don't know when I'll get a new job bc I can't predict the future nor force anyone to hire me where I apply. Needless to say I'm pretty damn pissed off right now.

Eta: There is no court ordered custody agreement. He gets that visitation bc we agreed on it outside of court. The only thing that's court ordered is CS. So technically I have 100% custody.
Posted by Anonymous on Mar. 8, 2013 at 7:14 PM
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Replies (1-10):
JNLmomme09
by on Mar. 8, 2013 at 7:16 PM
If say whoever files first. I don't know how it works if you share joint custody.
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Spoiled_Blonde
by Bronze Member on Mar. 8, 2013 at 7:16 PM
I'm not positive but I think to claim a child they have to live with you over 50% of the time. So that would mean you get to claim her.
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Anonymous
by Anonymous 2 on Mar. 8, 2013 at 7:16 PM

You do, regardless of needing the money.  You have 50%+ custody.

elliotmommytobe
by on Mar. 8, 2013 at 7:17 PM
File quickly and if hes employed and not paying what hes supposed to in cs wont it come out of his refund?
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fullxbusymom
by Sapphire Member on Mar. 8, 2013 at 7:17 PM

It is supposed to alternate years.  So one year you, next year him etc.

Anonymous
by Anonymous 1 - Original Poster on Mar. 8, 2013 at 7:18 PM
There is no court ordered custody agreement. He gets that visitation bc we agreed on it outside of court. The only thing that's court ordered is CS. So technically I have 100% custody.
rennez
by on Mar. 8, 2013 at 7:19 PM
We have it written into the divorce decree
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StephMosDef
by Silver Member on Mar. 8, 2013 at 7:19 PM

Unless its in an agreement, the custodial parent claims the child. OR the parent with whom the child resides more than 50% of the year with.

Tea4Tas
by on Mar. 8, 2013 at 7:22 PM

UNLESS there is a court order that says he gets to claim her-YOU ALWAYS get the right to do so. In fact he needs a form from you if he wants to claim her.

I will find you the law.

Anonymous
by Anonymous 1 - Original Poster on Mar. 8, 2013 at 7:23 PM
Thank you!

Quoting Tea4Tas:

UNLESS there is a court order that says he gets to claim her-YOU ALWAYS get the right to do so. In fact he needs a form from you if he wants to claim her.

I will find you the law.

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