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Claiming dependent on tax returns

Posted by on Oct. 13, 2012 at 11:26 PM
  • 9 Replies

I am the custodial parent. I do have just legal custody with my ex and my my son lives with me most of the time. Can a judge order that we alternate claiming our son for taxes even when IRS rules are pretty clear. Thanks for the response.

by on Oct. 13, 2012 at 11:26 PM
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Replies (1-9):
brieri
by Platinum Member on Oct. 13, 2012 at 11:27 PM

 Yes.

Robsessed98
by on Oct. 13, 2012 at 11:29 PM
Yes. Thats how we did it.
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conniejo75
by Bronze Member on Oct. 13, 2012 at 11:29 PM
Yes but it's very rare. Usually that only happens if custody is 50/50 or if one parent makes a lot more than the other. It doesn't help the non custodial parent... in fact it can raise child support since it lowers tax liability.
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LauraMH
by Bronze Member on Oct. 14, 2012 at 12:33 AM
1 mom liked this

It is possible but I had my lawyer put in our paperwork that I claim the kids every year. I would recommend that. If you are the custodial parent and your son lives with you more than half of the year then you should get to claim him.

a06z08mama
by on Oct. 14, 2012 at 12:37 AM
Depends on if you get set up different first. I claim DS (he is youngest) and ex claims DD. He pays for all their daycare and DS preschool tuition. We don't have a true 50/50 so judge allowed us to deviate from cs guidelines. But its more like a hybrid 50/50 or 60/40. He sees them every day cept my weekends with them.
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tyfry7496
by Janet on Oct. 14, 2012 at 12:13 PM
Yes they can. I know many people who have it set that way. My friend was smart and only agreed if the ex was current with child support. He's about $10,000 behind do he's not allowed.
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kayshalea
by on Oct. 14, 2012 at 12:16 PM
They can
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conniejo75
by Bronze Member on Oct. 14, 2012 at 12:18 PM
If it's not in a court order then you have to follow IRS guidelines. Court order is the only way around it. Oh and if you have 50/50 exactly then the parent providing more financially claims them. It best to get an actual percentage in the paperwork so you can prove who is primary. Even 51% means you claim them. When we were exactly 50/50 we each claimed one child.


Quoting LauraMH:

It is possible but I had my lawyer put in our paperwork that I claim the kids every year. I would recommend that. If you are the custodial parent and your son lives with you more than half of the year then you should get to claim him.


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Andrewsmom70
by Silver Member on Oct. 14, 2012 at 12:26 PM
My son's dad asked for every other year but my attorney told me that if I wanted to agree to that, I could request his dad to agree to help pay for our son's college in trade. My lawyer said that's a standard thing at least here in GA. Son's dad wouldn't agree so I'm claiming my son every year.
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