Who gets the exemption?

[okiediver]

What is the name of your state?I live in OKlahoma.

I have sole custody of 2 teen boys. In August of last year, they decided (much to my heartbreak) to live with their Dad.

Now he wants an exemption for 2004, even though it is my year to get both exemptions. He stopped paying support when the kids moved in, and I paid no support although I pay all car insurance, bought my oldest a car, and provide medical coverage.

We are going to mediation and I want to know in advance if he is entitled to an exemption, as I dont want to give it to him.

Thanks for any input.

 

[LdiJ]

What is the name of your state?I live in OKlahoma.

I have sole custody of 2 teen boys. In August of last year, they decided (much to my heartbreak) to live with their Dad.

Now he wants an exemption for 2004, even though it is my year to get both exemptions. He stopped paying support when the kids moved in, and I paid no support although I pay all car insurance, bought my oldest a car, and provide medical coverage.

We are going to mediation and I want to know in advance if he is entitled to an exemption, as I dont want to give it to him.

Thanks for any input.

That is a bit tricky. They were in your custody for more than half the year AND the court order states that its your year for the exemption...so you certainly couldn't be held in contempt for taking the exemption....and the IRS would probably back you up.

However, dad paid child support for more than half the year....and then fully supported them (except for the items you mentioned) for the rest...4-5 months depending on when in Aug. Therefore depending on how high dad's child support was...dad could make a valid argument that he provided more than 50% of their support.

Probably the fairest solution for the 2004 tax year would be for each of you to claim one child.

However on an ongoing basis (for future years) it would appear to me that dad would be the one entitled to the exemption.

 

[okiediver]

I guess I see it your way, although I dont like it. 10 years ago I agreed to 300 less in CS than I was entitled (to be nice and keep things amicable), never asked for a dime over and above that money, so I guess Im upset that he cant just wait til this year.