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Claiming a child on taxes

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PostPosted: Tue Jan 31, 2006 7:58 pm    Post subject: Claiming a child on taxes Reply with quote

When my sons father and i first split up (never married) it was an amicable situation. He pays support (although we currently have no order) we use to (when together) take turns claiming our son on taxes, however now this year he wants to claim him and im having a hard time on wether or not he should be able to. He sees his son every other weekend. he never calls his son so he only talks to him on those weekends. he never spends extra time with him, or wants to keep him longer than his weekend. OUr son is 5 years old. His father makes 3x what i do as far as income, drives a new vehicle, just moved to a new home. I drive an old vehicle, can barely pay bills...strugle. So for me who has ALWAYS been there busting my butt its like a slap in the face to watch him claim our son on his taxes. Does anyone know the law concerning who claims a child on taxes???
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PostPosted: Tue Jan 31, 2006 7:58 pm    Post subject: Reply with quote

By law the person that provides more then 51% of the childs food, shelter, clothes, etc. Unless you have joint custody then it is every other year.
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PostPosted: Tue Jan 31, 2006 7:59 pm    Post subject: Reply with quote

How about discussing with him your need for additional support? He might agree to trade more money for the tax deduction. On the other hand, if he's a jerk like my ex, then find out what "guidelines" are for CS calculations in your county/state. Here in CA, they take into consideration the income of both parents, the timeshare %, and the age of the child. Kids under age 10 are paid higher than kids over age 10, interestingly.

If you have no orders stating that you are to release the tax deduction to him, you are not under obligation to do so. However, if you start a battle over this, he might turn around and ask for custody, and you'll be facing an even bigger problem than arguing about a tax deduction.

Don't rock the boat unless you have the knowledge, resources, and stamina to go the long haul in court.
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PostPosted: Tue Jan 31, 2006 7:59 pm    Post subject: Reply with quote

If your child lives with you then you have the right to claim him for tax purposes. You have to consider if you get earned income credit for the child you will be giving up this and the child tax credit. ( That may add up to a good sum for you) It does not matter if you have joint custody,if you have him 1 day more than your ex than the child is yours to claim. The IRS does not say anything about every other year.I do think that he could try to sue for custody but unless you are unfit and he can prove that the child needs to be removed he would probably lose.
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PostPosted: Tue Jan 31, 2006 8:00 pm    Post subject: Reply with quote

Hi Cam, Maggie is right. Don't let him take your year. Because he will never give it back. According to the 2004 IRS tax books, the parent that the child lived with for more than 1/2 of the year may claim the child on their taxes. Since you say your ex only sees your child every other weekend, this does not qualify him to claim your child. And, don't let him tell you that you will get into trouble if both of you try to claim your child in the same year. This is just a nonsense tactic that some do to try and get their way. If you both collect, then the IRS will find out who the "custodial" parent is. That's where the more than 1/2 of a year comes in. And, if he does take you to court to try and get custody, just remember this: talk only about your child. Don't make the fight about you and him. He will do that. Just get all of your facts together before you go. Don't go in there overly emotional either. It shows instability. Just say my son needs this or it's not good for my son to hear him yell at me, etc. But, tell the truth about your situation. Good Luck.
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Joined: 07 Feb 2006
Posts: 74
State or Province: South Carolina

PostPosted: Fri Jul 14, 2006 8:17 am    Post subject: Reply with quote

yes i agree with everyone here that tax credit you get is your extra bonus and he cannot claim on the child if you have full custody i know my ex husband wanted to do that every other year thing and i said no because that was my end of the year nest egg and my lawyor at the time said that i get to claim him every year because i provide half of my sons support so stand your ground and be strong by law he cannot claim your child unless you have joing custody
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