Claiming my child on taxes

[TCool]

What is the name of your state? WI

I have primary physical custody of my daughter and joint legal. The current custody agreement places our daughter with me about 75% of the time and the rest with her mother. Obviously, I provide more than 50% of the support for my child financially. I keep reading everywhere that the person who provides over 50% of the support gets to claim that exemption. I am worried though that her mother will file and claim our daughter and get the exemption and the EIC.

Now, am I correct in assuming that I have the legal right here to claim our daughter?

Also, if her mother is to claim her she is obviously not going to tell me about it. Since I am assuming I have the right to claim my daughter I plan on doing it. If we both end up claiming her what will happen? I'm assuming the IRS will take some sort of action. Does anyone know what type of action that could be and the process? Would I have to do a whole lot of fighting to secure my right to claim her (assuming I'm correct that is) if this happened?

 

[lyddlk]

I just went through this same situation myself. Look up IRS publication 501. Does your custody agreement state in it who can claim the child? If not, the custodial parent has the right reguardless of the amount of financial support he or she provides for the child. If you have physical custody and your child lives with you more than 183 days of the year, then she is considered YOUR dependent. Her mother could not legally claim her without attatching a consent form signed by you releasing your right to claim your daughter for the year.

 

[lyddlk]

Children of divorced or separated parents. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.
1. The parents:
a. Are divorced or legally separated under a decree of divorce or separate maintenance,
b. Are separated under a written separation agreement, or
c. Lived apart at all times during the last 6 months of the year.
2. The child received over half of his or her support for the year from the parents.
3. The child is in the custody of one or both parents for more than half of the year.
4. Either of the following statements is true.
a. The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement made after 1984, later.)
b. A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2006 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year.

 

[TCool]

Awesome! Thanks.

 

[NotClueless]

What is the name of your state? WI

I have primary physical custody of my daughter and joint legal. The current custody agreement places our daughter with me about 75% of the time and the rest with her mother. Obviously, I provide more than 50% of the support for my child financially. I keep reading everywhere that the person who provides over 50% of the support gets to claim that exemption. I am worried though that her mother will file and claim our daughter and get the exemption and the EIC.

Now, am I correct in assuming that I have the legal right here to claim our daughter?

Also, if her mother is to claim her she is obviously not going to tell me about it. Since I am assuming I have the right to claim my daughter I plan on doing it. If we both end up claiming her what will happen? I'm assuming the IRS will take some sort of action. Does anyone know what type of action that could be and the process? Would I have to do a whole lot of fighting to secure my right to claim her (assuming I'm correct that is) if this happened?

What is in the court order about who claims the child? If the court order is silent on the issue, then the custodial parent has the right to claim the child.

In addition, regardless of which parent is given the exemption, only the CUSTODIAL parent can claim EIC and child and dependent care costs.

Now, as for the consequences: particularly if EIC is involved, if it's a "mistake" or carelessness, then the IRS can ban you from claiming EIC for 2 years. For willfull misconduct, they can ban you for 10 years. I don't mess with the feds.

If mom were to file her taxes first electronically claiming the child, you would have to submit a paper tax form. Expect a delay of up to 4-6 months. They'll ask for proof of why you should claim the child. Obviously court orders are great, records of daycare, doctors, etc. would be needed.

 

[tuffbrk]

In addition, regardless of which parent is given the exemption, only the CUSTODIAL parent can claim EIC and child and dependent care costs.

Would you happen to have a link handy to where EIC is reviewed on the IRS web? If not, I'll search it out, just thought I'd ask in case EIC comes up again in the next few months.

 

[TCool]

Well, I don't plan on messing with the feds. I just plan on claiming my child on my taxes as I've been told I have the right. I plan on filing electronically, and I don't expect the mother to notify me if she claims our daughter electronically. So, what happens if she does it and I do not know about it and I also claim her electronically?

 

[LdiJ]

Well, I don't plan on messing with the feds. I just plan on claiming my child on my taxes as I've been told I have the right. I plan on filing electronically, and I don't expect the mother to notify me if she claims our daughter electronically. So, what happens if she does it and I do not know about it and I also claim her electronically?

If she files first, the IRS will reject your electronic return, and you will have to file a paper return.

If you file first, the IRS will reject her return. Its unlikely that she would file a paper return.

 

[TCool]

Ok, thanks for the advice guys.