Claiming child on tax due to custody change

[AZchic7]

What is the name of your state? AZ

I'm not sure if anyone will know the answer to this here, but it didn't seem like anyone is answering questions on the "tax" board...lol

I have had sole custody of my children. My daughter decided to go live with her father. She lived with me all last year except for a month and a half (Dec. and half of Nov.). Will I still get to claim her on my taxes since I had her a greater part of the year?

 

[victmich]

Yes I believe you can. As far as I know as long as the child lived with you for six months or more out of the year you can claim them on your taxes.

 

[hexeliebe]

Just to be specific, although you can claim the child on your taxes, you must also claim all child support received as income on your 1040. Remember, the ex will also be claiming the payments so don't raise this flag.

 

[kat1963]

Do you have documentation on when the change of custody happened? If so, send it along when you file (this was per the IRS). Mr.KAT had to do that when he found out bio had let her boyfriend claim SD on his taxes, he had custody until Sept. but it didn't stop them from trying to claim her (bio never paid a dime in support for 7 years) They filed rapid refund under the impression that the first one to file, gets it the deduction HA!...ended up having to pay 575 back to the Feds & some to the state, with interest, taxes & penalities. Oh well, it's called KARMA!
KAT

 

[annefan]

Just to be specific, although you can claim the child on your taxes, you must also claim all child support received as income on your 1040. Remember, the ex will also be claiming the payments so don't raise this flag.

Are you sure about this? In my situation, child support was not taxable to me (the receiver) because it was taken from the payor's income after taxes withheld (net income). However, my APL (alimony) was to be claimed by me as income, because this was deducted from the payor's income pre-tax (gross).

 

[hexeliebe]

Although I'm not specifically sure if it's taxable or not, it must be claimed as income. My ex and I go round and round on this every year since in Austria it doesn't have to be and here it does.

She splits the seasons each year but files here so I end up doing her taxes for her.

 

[Whyte Noise]

Although I'm not specifically sure if it's taxable or not, it must be claimed as income. My ex and I go round and round on this every year since in Austria it doesn't have to be and here it does.

She splits the seasons each year but files here so I end up doing her taxes for her.

Uhmmm..... child support is not income, and therefore is not listed as such on IRS forms.

Alimony is though.

http://www.irs.gov/faqs/faq4-5.html

"Are child support payments considered taxable income?

No. Some types of income taxpayers receive are not taxable and child support is one of them. When you total your gross income to see if you are required to file a tax return, do not include your nontaxable income. For additional information, refer to Tax Topic 422, Nontaxable Income, or Publication 525, Taxable and Nontaxable Income.


References:

Publication 525, Taxable and Nontaxable Income
Publication 504, Divorced or Separated Individuals
Tax Topic 422, Nontaxable Income"

http://www.irs.gov/publications/p504/ar02.html#d0e1720

"Alimony
Alimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. It does not include voluntary payments that are not made under a divorce or separation instrument.

Alimony is deductible by the payer and must be included in the spouse's or former spouse's income. Although this discussion is generally written for the payer of the alimony, the recipient can use the information to determine whether an amount received is alimony.

Payments not alimony. Not all payments under a divorce or separation instrument are alimony. Alimony does not include:

Child support,

Noncash property settlements,

Payments that are your spouse's part of community income, as explained later under Community Property,

Payments to keep up the payer's property, or

Use of property."

 

[haiku]

Hex, are you confusing alimony with child support?

 

[VeronicaGia]

Either hex is having a bad day or this isn't the real hex. Or the tax laws have changed and no one else knows about it......

 

[CaliCat]

Be careful. If in doubt, go to a tax preparer. My boyfriend had right to claim his daughter and the grandfather lso claimed the girl. Bf got a letter stating her owed money to the IRS for the child since he is "not the father." The mother now claims this, though he is not only on the birth certificate, but also matches DNA and has always been the primary parent.

Are you on good terms with your ex?

 

[jez51]

Either hex is having a bad day or this isn't the real hex. Or the tax laws have changed and no one else knows about it......

No that particular rule hasn't changed.....