claiming depents on taxes (Florida)

[freckels1977]

My ex harasses me very year around tax time…..he believes he should be able to claim one of our two children even though they don’t live with him simply because he pays child support. Our divorce agreement states that I’m the custodial parent but we have open visitation. He has the boys every two weeks, in which he’ll pick them up on Saturday around 2pm and then brings them home Sunday night around 8pm (30hrs). He doesn’t buy birthday gifts, contribute for school clothes, or Christmas; he says the money for child support is to take care of that ($653.00mo). I also carry the medical, dental and vision even though it’s stated that he is to provided it. I understand things are hard for him and if I can help I do. Plus the child support was based on what he was making in 2004 and I don’t have any intentions of increasing it. I don’t ask him to take days off if the boys are sick or to take them to appointments. I pretty much do it all and can’t understand why he feels he should claim one of the boys. Besides I give him money when I receive my refund check. I don’t know maybe he is entitled?? But I thought to claim head of household and dependents they had to live with that person more than 50% of the time and contribute more than half of the expenses (which I do). Am I wrong??

[ShyCat]

Wrong forum. This one is clearly labeled

Open Technical Issues and Requests (Not Legal Questions)

[TinkerBelleLuvr]

My ex harasses me very year around tax time…..he believes he should be able to claim one of our two children even though they don’t live with him simply because he pays child support. Our divorce agreement states that I’m the custodial parent but we have open visitation. He has the boys every two weeks, in which he’ll pick them up on Saturday around 2pm and then brings them home Sunday night around 8pm (30hrs). He doesn’t buy birthday gifts, contribute for school clothes, or Christmas; he says the money for child support is to take care of that ($653.00mo). I also carry the medical, dental and vision even though it’s stated that he is to provided it. I understand things are hard for him and if I can help I do. Plus the child support was based on what he was making in 2004 and I don’t have any intentions of increasing it. I don’t ask him to take days off if the boys are sick or to take them to appointments. I pretty much do it all and can’t understand why he feels he should claim one of the boys. Besides I give him money when I receive my refund check. I don’t know maybe he is entitled?? But I thought to claim head of household and dependents they had to live with that person more than 50% of the time and contribute more than half of the expenses (which I do). Am I wrong??

I'll be nice.

If your court order is silent on WHO claims the child, then it goes by the IRS regulation that states that the CUSTODIAL parent claims the child. You do NOT owe dad a dime from that return.

Also, only the CUSTODIAL parent has the right to claim those children as Head of Household. In addition, only the CUSTODIAL parent can claim EIC and the child and dependent care credit.

Now, nothing says that dad can't go back to court and try to get a deduction. At the same time, they can do a review and see if there is justification to change the child support amount.

[ShyCat]

I'll be nice.

That only encourages them.