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C

cades

Guest
What is the name of your state? virginia

my husband and i have been separated for two years. there isn't a separation agreement, or divorce decree. our son chooses to live with his father now. we have joint custody. i pay child support which equals to 58%. my husband has been claiming my son on his income taxes for the past two years. 2003 is the last year my son will be claimed on taxes. i want to know, since i am paying the majority of the child support, can i claim my son next tax season. i have been filing married filing separately, and my husband has been filing head of household.
 


tigger22472

Senior Member
If you guys agree sure. Otherwise unless it is written in court orders the person who provides more then 50% of their care and that includes physical custody claims them. If you have a fight over it and somehow you BOTH file on him odds are when the IRS audits it they will give dad the credit since child's primary residence is with him.
 
E

eaglexyz

Guest
Regarding conflicting child support IRS exemption.
I agree with the comment that the parent who contributes more than 50% should prevail in this dispute. You do not state how the 58% was computed or whether it was even court ordered.
I do not agree that the fact that the child's primary residence is controlling, expecially if this support was set by a judge or in accord with the prevaling guidlines of child suppport set forth in the Code of Va. If the latter is the case, your 58% would be a percent of the TOTAL guidelines cost of all aspects of support including room and board. In other words your 58% would not be diluted by the fact of the childs residence with the father.
From Wayne Comer, Esq. [email protected]
NOT INTENDED AS "LEGAL ADVICE".
 
C

cades

Guest
the judge calculated the amount of child support i was to pay. i earn more than my husband, thus, i pay the majority of support.
 

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