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Both parents claim a child. The court order states the non custodial parent has the right to claim thechild. Will the IRS honor the court order?
Wiki User
∙ 13y ago
Yes/No
IRS Deduction
Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year.
The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent.
Time spent in Day Care and/or School is deducted from the total.
A Different Perspective
The parent who does not have the right to claim the children per the court order is in contempt of that order. The non-custodial parent should return to court to file a contempt. Discuss the information provided above with an attorney and with the court. It may need to update/modify the order.
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∙ 13y ago
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Is there a law that states if a custodial parent interfere with a non custodial parents relationship with the child that he child can be taken away from the custodial parent?
there should be and we need to do something about it!!! hrsepwr69@yahoo.com There are rules that the custodial parent can't interfere with the noncustodial parents parenting time (visitation). If you do have a problem with this it is recommend to report it to the courts. It is also a good idea to document when it does happen with the time and date.
Can you move to Canada from the United States with your children if you have full custody?
If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.
How is child support determined when custodial parent is married and unemployed?
I do not think that all states are standardized yet but in Nevada it is 25% of the non custodial parents income for the first child and then an added amount of something like 3% for every additional child. The custodial parents income or marital status does not factor in at all.
What states restict a custodial parent from move out of state withou the noncustodial parents consent?
All states restrict the removal of a child by one parent when both parents have parental rights.All states restrict the removal of a child by one parent when both parents have parental rights.All states restrict the removal of a child by one parent when both parents have parental rights.All states restrict the removal of a child by one parent when both parents have parental rights.
Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?
In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.
If divorced parents live in different states can the non-custodial parent transfer the child to his health insurance policy?
It is a choice between both parents regardless of who has custody.
Can you use your son as a tax deduction since you are paying child support?
You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.
What is a step parents place in regards to custody?
Zilch. The step parent has absolutely no say in the custodial arrangements of the natural parents, unless the Final Divorce Decree specifically states otherwise.
Can the custodial parent stop the back pay you owe in child support?
It depends on the state you live in. Some states allow the custodial parent to opt out of child support. Other states don't give you that option, and will collect the child support even if the custodial parent refuses to accept it.
Why would a custodial parent drop child support?
Most often this occurs because they've been pressured by the non-custodial parent. A common tactic is for the non-custodial parent to threaten to take away custody if he or she has to pay child support. The custodial parent will then consent to not get child support to avoid a costly custody battle. This is why most states have made child support mandatory. A custodial parent can't decline or give up child support voluntarily in those states.
Does the non custodial parent need permission to leave the country?
By law, you must both go up to the location where they will issue a passport and both parents must sign a statement saying it is okay. If you have documentation that shows you are the custodial parent, you can have your child "red flagged" with the government and this way if he were to try to get a passport for your child they would have to notify you and then you can stop it. In the US the non-custodial parent can leave if they choose, they cannot however take a minor child with them unless a court rules otherwise. • This depends on your custody agreement, but I'm fairly certain a non-custodial parent needs permission. Just like a custodial parent will need permission depending on what the custody agreement states. I do know, however, that a custodial parent can get a passport without the permission of the non-custodial parent if he/she meets certain requirements. is that parent's name the only one on the birth cirtificate? Does that parent have sole LEGAL custody?
Can the custodial parent have the right to deny an 18yr old the right to live with the non-custodial parent?
In most states it's a no since at 18 you are an adult and custody does not apply anymore.
