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claiming on taxes

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Courtney81610

Junior Member
I live in NH. My son was born aug 2010. around the time of dec 2010 me and my sons father broke up. he paid we 100 every other week for his verzion of child support thru 2011. I claimed my son in 2010. I filed for joint custodity, with joint decision making which we agreed on, he only sees his son every other weekend since his son was born. Now that we are going thru the papers for custoidy we agreed that we would do every other year for claiming him each year. He told me since i claimed my son 2010 he should be able to claim him in 2012, i said no because i was living off 50 a week to raise my son, luckily i live with parents and a good support system to help me so i can work to raise my son, so now i have court in feb and i would like to know the likely hood of me being able to claim my son for 2011. i know that i will get back support since june of when i filed but still isnt it by law, the child has to live with you in order to claim him for taxes?
 


LdiJ

LdiJ

Senior Member
Courtney81610 said:
I live in NH. My son was born aug 2010. around the time of dec 2010 me and my sons father broke up. he paid we 100 every other week for his verzion of child support thru 2011. I claimed my son in 2010. I filed for joint custodity, with joint decision making which we agreed on, he only sees his son every other weekend since his son was born. Now that we are going thru the papers for custoidy we agreed that we would do every other year for claiming him each year. He told me since i claimed my son 2010 he should be able to claim him in 2012, i said no because i was living off 50 a week to raise my son, luckily i live with parents and a good support system to help me so i can work to raise my son, so now i have court in feb and i would like to know the likely hood of me being able to claim my son for 2011. i know that i will get back support since june of when i filed but still isnt it by law, the child has to live with you in order to claim him for taxes?
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Under federal law dad cannot claim the child for 2011 unless you voluntarily give him the exemption by giving him a signed form 8332. I would be highly surprised if a court would order that dad got to claim the child for 2011 either, by ordering you to sign form 8332.

On top of that, if your parents actually were the ones who provided the bulk of your child's support for 2011, under federal law they would be the ones entitled to claim your child, and the state court could NOT override that.

However, its quite possible that dad would get the exemption for 2012.
 
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Courtney81610

Junior Member
taxes

i think i may have worded that part wrong? but I raise my son. my parents do not. they help me with baby sitting while i am at work. anything that is finacially need for my son or myself i am responable for. im 20 years old and i understand that my sons priorities come before mine... :)
 
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Proserpina

Senior Member
Courtney81610 said:
i think i may have worded that part wrong? but I raise my son. my parents do not. they help me with baby sitting while i am at work. anything that is finacially need for my son or myself i am responable for. im 20 years old and i understand that my sons priorities come before mine... :)
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How much rent/utilities etc., are you paying?

(In other words - if your parents ARE providing most of that stuff, they may still qualify)
 
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Courtney81610

Junior Member
..

i just live at home with my parents. I buy my sons / my food. they dont charge me rent because they would rather see me save my money
 
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Proserpina

Senior Member
Then LdiJ's post is correct.

Your parents have provided the bulk of your child's support. Of course if they don't want to, they don't have to claim him.
 
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