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tax deductions

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E

ettmiller

Guest
I recently got divorced and now it is time to file for my taxes. My ex-husband was ordered to pay child support. Per our court order we alternate the year that we claim our child as a dependent. My ex would get to claim him for the year of 2001. What I have a question about is the fact that he owes back support. Since he owes this does this give me the right to claim our son even though the divorce decree states otherwise. I have been told that I have the right to claim my son since my ex owes back child support. I also need to know if my ex is the one to claim our child if I can claim the day care expenses or does he have to for the year. He does not contribute to the cost of day and did not for the year that we were divorced.
 


L

loku

Guest
Under the special rules applicable to divorced or separated parents, The noncustodial parent is be treated as providing more than half of the child's support if a decree or agreement went into effect after 1984 and states the noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support. This sounds like your situation; therefore, your ex is entitled to the exemption.

However, you do qualify for the child care credit under the following rules:

Child of Divorced or Separated Parents
To be a qualifying person, your child usually must be your dependent for whom you can claim an exemption. But an exception may apply if you are divorced or separated. Under the exception, if you are the custodial parent, you can treat your child as a qualifying person even if you cannot claim the child's exemption. If you are the noncustodial parent, you cannot treat your child as a qualifying person even if you can claim the child's exemption.
This exception applies if all of the following are true.
1) One or both parents had custody of the child for more than half of the year.
2) One or both parents provided more than half of the child's support for the year.
3) Either-
a) The custodial parent signed Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or a similar statement, agreeing not to claim the child's exemption for the year, or
b) The noncustodial parent provided at least $600 for the child's support and can claim the child's exemption under a pre-1985 decree of divorce or separate maintenance, or written agreement.
For purposes of 3(a), a similar statement includes a divorce decree or separation agreement that went into effect after 1984 that allows the noncustodial parent to claim the child's exemption without any conditions, such as payment of support.
 
J

jenson

Guest
back pay for support

If your ex has arrears and this is being collected by an agency, his tax refund will be intercepted and it will be turned over to you anyways. So let him claim your child as a dependent this year. It will help him reduce the backpay. The arrears are also collecting interest too. I don't know what his reasons are for being behind, but it is very tough to get out of. You can still claim for the child care cost if you do pay that.
 

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