child claims on tax forms

[Tenndad]

I am getting a divorce (no contest) with a 50/50 split on child custody. If we both have 6 months claim on each child for the year, how do we claim them on our tax forms?

 

[Grandma B]

It's always a good idea to have the right to claim dependents spelled out in the divorce decree. Of course, it's too late for that now, right? Can you and your ex agree on a reasonable split of the dependents?

 

[K Lyons]

tax forms

You may want to considering checking with your state laws. In some states the parent that has the children residing in their home for the last 6 months of the year has the right to claim the children as dependents. I agree you should spell it out in your divorce who will claim the children.

As of October 26, 2000 my divorce was final, here is what I stated in my divorce.

A. Each parent shall have the right to claim one dependent for state and federal tax purposes.

B. In the event that one parent has both children residing in their home for the last 6 months of any given physical year, he/she shall have the right to claim both children as dependents for state and federal tax purposes...

Please feel free to use the above statement...

If you have already filed but it is not final you can file a "Stipulated Decree of Dissolution of Marriage and Judgment"

Signed a concerned mother

 

[jimmybak]

i'm from ny- someone has physical custody- usually the person who has that gets the exemptions. Unless given up in writing.

 

[LadyBlu]

i'm from ny- someone has physical custody- usually the person who has that gets the exemptions. Unless given up in writing.

Another option would be that one parent claim the child(ren) in even years, the other parent in odd years.The 8332 Tax form can be made out to cover all the years. I did this with my daughters father. I signed it years ago and have no need to resubmit it every year. I gave him all the even years and I get all the odd years.

 

[Tenndad]

It's always a good idea to have the right to claim dependents spelled out in the divorce decree. Of course, it's too late for that now, right? Can you and your ex agree on a reasonable split of the dependents?

Thank you for your reply. I am currently writing out the decree with a UAW lawyer. There is an agreeable split. I just need to know how to claim the kids (3) as dependants. Usually as a married couple we claim the three and we get the standard dependant deduction. However, I don't see (on the fed tax form) were I could claim 50%, considering I will have them 6 months out of the year.

 

[Tenndad]

Re: tax forms

You may want to considering checking with your state laws. In some states the parent that has the children residing in their home for the last 6 months of the year has the right to claim the children as dependents. I agree you should spell it out in your divorce who will claim the children.

As of October 26, 2000 my divorce was final, here is what I stated in my divorce.

A. Each parent shall have the right to claim one dependent for state and federal tax purposes.

B. In the event that one parent has both children residing in their home for the last 6 months of any given physical year, he/she shall have the right to claim both children as dependents for state and federal tax purposes...

Please feel free to use the above statement...

If you have already filed but it is not final you can file a "Stipulated Decree of Dissolution of Marriage and Judgment"

Signed a concerned mother

Thank you for your reply. We were considering keeping the children two months at a time. The parent with the children the last two months will keep them the first two months of the next year. It is stipulated that the children will remain in the same school district. I suppose if we can't split the dependent claim, it would be okay to let the parent with the children the last two months to claim them for that year. It is an idea worth considering. Thank you.

[Edited by Tenndad on 11-25-2000 at 03:10 PM]

 

[Tenndad]

i'm from ny- someone has physical custody- usually the person who has that gets the exemptions. Unless given up in writing.

Thank you for your reply

 

[Tenndad]

i'm from ny- someone has physical custody- usually the person who has that gets the exemptions. Unless given up in writing.

Another option would be that one parent claim the child(ren) in even years, the other parent in odd years.The 8332 Tax form can be made out to cover all the years. I did this with my daughters father. I signed it years ago and have no need to resubmit it every year. I gave him all the even years and I get all the odd years.

thank you, another good suggestion

 

[LadyLake Florida]

re taxes/who claims child(ren)

Hopefully this will help someone, maybe not TennDad if the fat lady has already sung on his agreement, but others for sure.

When you are working out your agreement on who claims what child, if one parent is responsible for support and a share of medical/childcare costs, factor that into your agreement to protect yourself.

When my ex asked for the deductions for some of our 5 children, I readily agreed.... with the stipulation that by the end of the tax year, all of his child support, medical/dental and childcare expenses be current, excluding only the arrearages from prior to the divorce which were handled with a judgement. My ex has a history (during the 3 years it took me to unload him) of not paying his share of expenses and not keeping up very well with his support, and since I provide the vast majority of their support, I will end up taking the deductions. If he would ever choose to step up to the plate and pay his obligations, he would have the fair deductions we agreed upon, so it's fair to everyone.

Even if it's not a problem now for you, you never know when a new spouse or other factors might enter into things and the NC parent might start not paying. Just keeping things fair.

 

[Tenndad]

Re: re taxes/who claims child(ren)

Hopefully this will help someone, maybe not TennDad if the fat lady has already sung on his agreement, but others for sure.

When you are working out your agreement on who claims what child, if one parent is responsible for support and a share of medical/childcare costs, factor that into your agreement to protect yourself.

When my ex asked for the deductions for some of our 5 children, I readily agreed.... with the stipulation that by the end of the tax year, all of his child support, medical/dental and childcare expenses be current, excluding only the arrearages from prior to the divorce which were handled with a judgement. My ex has a history (during the 3 years it took me to unload him) of not paying his share of expenses and not keeping up very well with his support, and since I provide the vast majority of their support, I will end up taking the deductions. If he would ever choose to step up to the plate and pay his obligations, he would have the fair deductions we agreed upon, so it's fair to everyone.

Even if it's not a problem now for you, you never know when a new spouse or other factors might enter into things and the NC parent might start not paying. Just keeping things fair.

Thanks for your advice