Child support and tax credit

[lissa23]

What is the name of your state? We live in CA. My fiance's divorce was finalized in May 2004. First questions since he was not married for more than 6 months out of year he can file single, correct. Secondly he is the NCP of his daughter which he pays child support to. His daughter lives with her the mother the CP. However his ex has been on Welfare all of 2004. Can he claim his daughter on his taxes or is the CP still able to claim her?

 

[Snipes5]

If he is not married to anyone on December 31, he can file single. It has nothing to do with how long he was married during the year. If his divorce were final on Dec. 31, it would be the same as if in May.

He may only claim the exemption if he has a form 8332, waiver of dependency exemption, signed by the custodial parent, since the child does not live with him.

Snipes

 

[abezon]

He could also reopen the custody case & ask the judge to award the exemption to him, since Mom can't use it anyway, being on welfare.

An even easier method would be to just give Mom a form 8332 & have her sign it. You may have to pay her $100, but he's still way ahead on the deal.

 

[lissa23]

Thank you for the advise. We are going to try the form 8332 but most of the time his ex is really difficult. But I doesn't hurt to try. Thanks again