Income Tax Claim

[emilydlovell]

What is the name of your state? wa

My daughter and I left my ex the end of May, and the date of seperation on the divorce paperwork is may 31, 2006, yet my money hungry ex still thinks he can claim our 18 month old on his taxes, claiming the seperation doesnt count until the divorce was finalized Nov 15. I included tax info in the parenting plan, stateing he can only claim her on his taxes every odd tax year and if he is totally current on child support (which he is not) I know he cant legally claim her for the earned income credit, because he will have to lie and say she lived with him for more than 6 months of the year. Plus, he will be in contempt of the parenting plan. Ive also been told he can only claim the child credit. Please help me sort this out! are there any links to the laws or something I can show him that will prove my point? Im right, arent I?

 

[LdiJ]

What is the name of your state? wa

My daughter and I left my ex the end of May, and the date of seperation on the divorce paperwork is may 31, 2006, yet my money hungry ex still thinks he can claim our 18 month old on his taxes, claiming the seperation doesnt count until the divorce was finalized Nov 15. I included tax info in the parenting plan, stateing he can only claim her on his taxes every odd tax year and if he is totally current on child support (which he is not) I know he cant legally claim her for the earned income credit, because he will have to lie and say she lived with him for more than 6 months of the year. Plus, he will be in contempt of the parenting plan. Ive also been told he can only claim the child credit. Please help me sort this out! are there any links to the laws or something I can show him that will prove my point? Im right, arent I?

I am a tax professional. He can't claim her at all for this year. If you were to both claim her and the IRS were to investigate, he would lose. The IRS bases things on where the child actually lives most of the time, not on a divorce decree. Even if your divorce wasn't final, you would still be entitled to the exemption, as long as your child predominantly lived with you.

Therefore file your taxes ASAP, and if he beats you, then file a paper return and you will still get your refund. The IRS will investigate later and he will have to pay them back.