Claiming Son on Taxes Question

[Making1962]

My ex husband and I had joint custody but my son lived with him until Mid March of 2005. I paid child support. The rest of the year my son has been in DOC. He is 17 years old. In September, my ex died of a heart attack. It was on our agreement that he would claim our son on his taxes as long as he lived with him. Do I claim my son on my taxes or does my ex's wife claim him? Will she have to file taxes for my ex? I am in Indiana. Thanks.

Marlene

 

[tigger22472]

My ex husband and I had joint custody but my son lived with him until Mid March of 2005. I paid child support. The rest of the year my son has been in DOC. He is 17 years old. In September, my ex died of a heart attack. It was on our agreement that he would claim our son on his taxes as long as he lived with him. Do I claim my son on my taxes or does my ex's wife claim him? Will she have to file taxes for my ex? I am in Indiana. Thanks.

Marlene

Your best bet is to call a tax preparer because I am unsure either of you may claim the child as he was not in your care. If you are paying some 'housing' fines could make a difference but again he was not in your care or live in your home.

 

[abezon]

You or your ex can claim him if his absence is temporary & you reasonably expect him to return home after he gets out of jail. His term can't be too long.

 

[Making1962]

This is the 2nd time my son has been in DOC. The last time I had sole custody and his dad had visitation. I was allowed to take him on my taxes. What I am wanting to know is since we had joint custody and he had physical custody, should his wife take our son on her taxes since she will probably have to file married for last year? It seems to me that if we had joint custody and he is gone that I am the only parent and I should automatically get to claim him. However, I have a feeling that his widow can claim him. Thank you for your responses.

 

[abezon]

The custodial parent is the parent with whom he spent the most time. That's probably your ex, which means your ex's executor gets to claim the boy on his final return.