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dependents

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bo2555

Guest
What is the name of your state? texas

my daughter lives with her mother and the grandparents on her side of the family. i pay 5200 dollars a year in child support. shouldn't i get to claim her as a dependent since i am the one supporting the child? custody, child support, wic, and income tax? that seems kinda ridiculous that she gets everything
 


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KCMR

Guest
General rule. The parent who has custody of the child for the greater part of the year (the custodial parent) is generally treated as the parent who provides more than half of the child's support.

If the parents are divorced or separated during the year and had joint custody of the child before the separation, the parent who has custody for the greater part of the rest of the year is considered to have custody of the child for the tax year.

Example : Under the terms of your divorce, you have custody of your child for 10 months of the year. Your former spouse has custody for the other 2 months. You and your former spouse provide the child's total support. You are considered to have provided more than half of the support of the child. The excemption would be yours.

Exception:The noncustodial parent will be treated as providing more than half of the child's support if:

The custodial parent signs a written declaration, discussed later, that he or she will not claim the exemption for the child, and the noncustodial parent attaches this written declaration to his or her return,


The custodial parent may use either Form 8332 or a similar statement to make the written declaration to release the exemption to the noncustodial parent. The noncustodial parent must attach the form or statement to his or her tax return.

The exemption can be released for a single year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration. If the exemption is released for more than one year, the original release must be attached to the return of the noncustodial parent for the first year, and a copy must be attached for each later year.


So in other words...it may sound ridiculous to you but it doesn't to the IRS since your ex probably pays more than 433.33 a month for the child anyway.
 
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bo2555

Guest
does it still sound ridiculous when i say that she is unemployed
 
K

KCMR

Guest
No it really doesn't when you truly think about it.

Is she still providing for the child? Unemployed or employed... Is the child being fed, nurished, and housed? Do you think 433.00 a month covers that solely?
 
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bo2555

Guest
absolutley, she is on wick, diapers and food don't cost that much. the 433 is just the cash that i give the mother. i buy clothes food and diapers too, when the baby stays with me for a couple weeks i don't get checks i infact still have to pay them. i am no longer going to reply to this being that you are a woman and you are obvioulsy going to stick up for the woman even though all the laws revolve around yall. really and truely
 
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JoBarry

Guest
Aricci.....I agree with bo2555 (and all fathers who are actually helping support their children) that this doesn't seem fair. In my situation, under the child support assignment I get to claim my daughter on "even" years and my ex gets to claim her on "odd" years. He pays child support and I am the custodial parent. The only stipulation for the assignment is that if he misses even 1 payment for that year he forfeits his right to claim her.

Can't bo2555 petition to have a similar arrangement made with his ex?

Just curious....
 

abezon

Senior Member
When parents were never married, only the person who provides over 50% of the support may claim the dependency. Mom won't get it, but you might not either, depending on how much it costs to run the house your daughter is living in. If it's a hovel, you can probably claim your child as a dependent. If it's not, chances are the child's grandparents are providing more than 50% of her support.
 
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JoBarry

Guest
In my case above, by "ex" I meant ex-boyfriend - we were never married. I am the custodial parent, I do not live in a hovel (own my own good home), I work full time and provide way more than the $300/month my ex-boyfriend pays (more than 50%) as I pay for her medical/dental on top of taking care of her wellbeing ...yet our court assigned arrangement is still that we "flip-flop" odd-even years to claim her. I'm fine w/this since it is only fair (even though it is nice to be able to claim her on my years :).

Sorry to jump in this post.....just wanted to add my two-cents so bo2555 can see that all laws do not "revolve around" us.
 

abezon

Senior Member
In your case Jo, the court did not have the power to assign the dependency exemption. By law, only the parent who provides more than 50% of the child's support can claim the child when the parents were never married. End of story. Your ex is committing tax fraud by claiming her every other year. If the IRS finds out, they will hunt him down & take LOTS of money.....

That the court told him it was OK may get him out of paying penalties, but he still can't claim her unless he pays 51% of her support that year.
 
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JoBarry

Guest
Abezon - I promise this is the last question....how is the 50% determined? For example, through my employer I pay for her medical/dental and vision care (including non-covered procedures and copayments). Also, as I am the custodial parent I pay her day to day expenses such as food, school clothes, etc. Is there a guideline to determine the 50%? I guess I thought that since the court assigned it the way it is that it was legal.
 
K

KCMR

Guest
bo2555 said:
What is the name of your state? texas

shouldn't i get to claim her as a dependent since i am the one supporting the child? custody, child support, wic, and income tax? QUOTE]

How are you providing more for the child? with custody, wic, and income tax?

What is your custody arrangement like? I'm just telling you straight up the way it is. Most likely you do not provide 51% of this child's support--do you provide a bed for her to sleep in? heat? hot water?electric? groceries? lunch money for school for over 51% of the time?

Look...Go ahead and file for a paper return. See what the IRS has to tell you.

Just remember she is the one with the court papers on her side.

What I do suggest is having your support order modified so that this may be included so for future years you may be able to claim the child.
 

abezon

Senior Member
The IRS has a support worksheet you can download. Everything counts as support - the food you buy, clothers, insurance, gifts, school supplies, and part of your housing (total housing expenses divided by # of occupants).
 
K

KCMR

Guest
abezon...but correct me if I am wrong.... The mother is the custodial parent of this child therefore she would be the one providing all of those things for the majority of the time.
 

abezon

Senior Member
Yes, but the custodial parent does not always provide 50% of support. If the non-custodial parent's support is high enough, the NCP may be the one paying the majority of support. This happens when the NCP pays large support and the CP is on welfare or living with parents.
 

abezon

Senior Member
Yes, but the custodial parent does not always provide 50% of support. If the non-custodial parent's support is high enough, the NCP may be the one paying the majority of support. This happens when the NCP pays large support and the CP is on welfare or living with parents.
 

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