Tax question

[Touché]

What is the name of your state (only U.S. law)? Iowa

I now reside in Texas but my divorce decree is in Iowa, in the decree it states that I am the legal custodial parent and that I claim the children for tax purposes. Father is requesting lowering the child support which I will not dispute, but I am afraid he may try to change the tax claim.

Father has not seen the children in 5 years, he does pay child support but does not pay over 50% of the total income for this household ( household income is 30,000 per year with out child support and child support is aprox 10,000 per year) would he legally be allowed to claim them as dependents, dep for child tax credit or eic???

 

[Touché]

Did I post this in the wrong section?

 

[LdiJ]

What is the name of your state (only U.S. law)? Iowa

I now reside in Texas but my divorce decree is in Iowa, in the decree it states that I am the legal custodial parent and that I claim the children for tax purposes. Father is requesting lowering the child support which I will not dispute, but I am afraid he may try to change the tax claim.

Father has not seen the children in 5 years, he does pay child support but does not pay over 50% of the total income for this household ( household income is 30,000 per year with out child support and child support is aprox 10,000 per year) would he legally be allowed to claim them as dependents, dep for child tax credit or eic???

It is fairly typical for the non custodial parent to be granted the right to claim the children 1/2 of the time (or 1/2 of the children all the time).

However, in a case like this one you can certainly argue against that.

 

[Touché]

Thank you Ldij,

Now I just have to figure out how to fight it from texas if he does try to change it, I do not have the money for filing or going to Iowa. Although my husband and I have allready filed for an advance on our taxes with h & r block and gotton it based on being able to claim the children but this was all before I knew this might come up.

 

[LdiJ]

Thank you Ldij,

Now I just have to figure out how to fight it from texas if he does try to change it, I do not have the money for filing or going to Iowa. Although my husband and I have allready filed for an advance on our taxes with h & r block and gotton it based on being able to claim the children but this was all before I knew this might come up.

There is little likelihood that it would be an issue for 2010 taxes. The courts don't move that quickly.

 

[Touché]

Thank you Ldij