Welcome Guest. Register Now!  



Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 03-29-2011, 11:30 AM
Junior Member
 
Join Date: Mar 2011
Posts: 2
child custody tax question

I got custody of my son in August of 2010. My X is telling me that by claiming him I am violating the IRS rule since I did not have him for more than 1/2 of the year. My tax person stated that this is not true and that I did not violate anything. My custody paper work does not identify who claims who, just who has custody. Did I do something wrong and is my tax person wrong?

Should I ammend my tax claim for 2010 and allow my X to claim the son? I just want to do the right thing. Thanks



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
  #2 (permalink)  
Old 03-30-2011, 04:31 AM
Moderator
 
Join Date: Oct 2010
Posts: 5,236
“ My tax person stated that this is not true and that I did not violate anything. My custody paper work does not identify who claims who, just who has custody. Did I do something wrong and is my tax person wrong?”--> It depends o the situation; the custodial parent is the parent with whom the child lived for the greater number of nights during the year, NOT FOR MORE THAN ½ OF THE YEAR. The other parent is the noncustodial parent.If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year. In most cases you, as the custodial parent, receive the exemption, but typically, if the non-custodial parent is paying significant support to the custodial parent and/or exercising more than usual visitation (but not more than the 50% of the time which would trigger the IRS rules to allow claiming the child as a dependent), the non-custodial parent has a valid claim to the tax benefit of claiming the child.in other words, if the non-custodial parent wishes, he can file it if the "special rule for children" applies. This rule applies if the child received over half of his support from the non-custodial parent throughout the year or spent time in his custody. It also applies if you, as the custodial parent, agree not to claim the child and give the Form 8332 to him.
“Should I ammend my tax claim for 2010 and allow my X to claim the son?”--> It depends as said above.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
  #3 (permalink)  
Old 03-30-2011, 09:31 AM
Junior Member
 
Join Date: Mar 2011
Posts: 2
child tax issues

Hey, thanks for the reply. I was so nervous that I did something wrong that I not only called another tax consultant, but I actually met yesterday with the IRS group here in my area. lol, your information is exactly what the IRS lady told me. Here is the funny thing, my X wife is treating this like you said 1/2 of the year, but what she doesn't realize is that the boy stayed the night at my house for 203 nights, therefore according to the tax rule allows me to claim him as a dependent, not only that, the daughter we have stayed with me for 193 nights. the IRS lady asked me about that form and asked if I was going to sign it. I told her nope and that I never have. she told me that I was not required to claim Jana as a dependent but that my X is not autorized to claim her without that form. I just thought that was funny. Here is my X accusing me of breaking the law and then tried to get me to just pay her the difference which was much greater than if I never claimed any of them, and I was right the entire time.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
  #4 (permalink)  
Old 11-26-2011, 03:02 AM
Junior Member
 
Join Date: Nov 2011
Posts: 3
In order to claim someone as an exemption the IRS says that you must provide more than half of that person’s total support in a calendar year. A special rule was created by the IRS in order to resolve the question of dependency and who gets the exemption.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
Ads
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
child support Jeff150 Miscellaneous 1 02-13-2011 12:01 AM
Child Tax Return MrJ71 Income 1 01-29-2011 11:00 AM
Child lilstormcloud1981 Itemized Deductions 1 04-10-2009 12:20 AM
dependent child ? mflynn Tax Credit 3 03-01-2009 10:30 PM
qualifying child question farmer Miscellaneous 1 03-01-2008 05:49 PM

Follow us on Facebook Follow us on Twitter Google Buzz Rss Feeds

» Categories
 
Individual
 » Income
 » IRA/Sep
 » Medical
 
Corporations
 » Payroll
 
Forum for CPAs
 
Financial Planning