Who claims on taxes??

[genelleb78]

What is the name of your state (only U.S. law)? Maryland

Hello, my question is this...My wife and I are were legally seperated all of 2009 and we have a daughter together. For the year of 2009 we had split custody. One week on, one week off. I am the custodial parent in the eyes of the law and our childs health insurance comes out of my paychecks each week, my wife has paid no health insurance for our child in 2009. Also, i paid for our child to go to an educational day care (she's 2yrs old) and my wife just stayed home and kept the baby since she was not working. My wife sent me a certified letter stating to me that she was going to claim the baby this year on her taxes. I felt as though from what i read, since i make the most money, provide the majority of the expenses, and am custodial parent that i qualify for the "tie breaker" rule with the IRS and I should have the right to claim her as a dependent. However, we recently went to court and my wife was awarded the right to claim the baby this year and the judge told us that we alternate claiming every year. So, does the judge ruling outweigh the "tie breaker" rule? Thanks

 

[ecmst12]

If your court order says mom gets to claim this year, then you need to obey it or be held in contempt.

If her income is lower, then she will probably get more benefit out of the exemption then you would anyway.

 

[davew128]

If your court order says mom gets to claim this year, then you need to obey it or be held in contempt.

If her income is lower, then she will probably get more benefit out of the exemption then you would anyway.

Mom's not working and is not the custodial parent. The tax benefit may not be as much as you think. She certainly won't get EIC or the child tax credit and that leaves just the exemption.

 

[Banned_Princess]

Mom's not working and is not the custodial parent. The tax benefit may not be as much as you think. She certainly won't get EIC or the child tax credit and that leaves just the exemption.

exactly.

cant get earned income credit, with no income.

and exemptions, don't pay money out.

 

[davew128]

exactly.

cant get earned income credit, with no income.

and exemptions, don't pay money out.

Well she can't get the EIC period since she isn't the custodial parent, whether she had earned income or not. If she didn't work and doesn't need the exemption, this is another of those taking the exemption to spite the ex cases I see all too often. If she did work, to get EIC she has to have had physical custody for 188 nights, which the OP seems to indicate is no.

 

[LdiJ]

Well she can't get the EIC period since she isn't the custodial parent, whether she had earned income or not. If she didn't work and doesn't need the exemption, this is another of those taking the exemption to spite the ex cases I see all too often. If she did work, to get EIC she has to have had physical custody for 188 nights, which the OP seems to indicate is no.

What he said was that he was legally designated (under the court decree) as the custodial parent but that they had the child every other week.

That means, depending on how the weeks fell, that mom could have had the child more than dad (by number of overnights) in 2009, or dad could have had the child more than mom (by number of overnights) in 2009.

Therefore, only one of them would be eligible for EIC or Head of Household, but we don't know which one of them that is.