Can you claim a child on your taxes if you do not have full custody?

Answer 1

Maybe, but the answer has nothing to do with paying child support. Generally, when child support is ordered, the agreement also states who has residential custody of the child, and often specifies who is to take the child's exemption on income tax returns. If the order specifies who is to get the exemption and when, it is to be followed. The non-custodial parent must attach a completed Form 8332 or certain pages from the decree in order to claim the exemption. If the order is silent on who gets the exemption, only the parent with whom the child lives may use the exemption. However, if the parent with residential custody agrees to do so, s/he may give a completed Form 8332 to the non-custodial parent in order for the latter to take the exemption. Under no circumstances may the parent with whom the child does notlive use the child for the purposes of Head of Household status, the Dependent Care Credit, or the Earned Income Credit. That parent may use the child's dependency exemption to reduce taxable income and to qualify for the Child Tax Credit.

Answer 2

Yes

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. It can be found at the Related Link below.

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.

Answer 3

No, the IRS clearly states that only the person who has physical custody of the child for over 50% of the year can claim that child as a dependent. If the child did not live with you for at least 183 out of 365 days, you cannot claim the child on your taxes.

Answer 4

Generally the custodial parent has the right to claim the child. You need to speak with an attorney or tax consultant.

Generally the custodial parent has the right to claim the child. You need to speak with an attorney or tax consultant.

Generally the custodial parent has the right to claim the child. You need to speak with an attorney or tax consultant.

Generally the custodial parent has the right to claim the child. You need to speak with an attorney or tax consultant.

Answer 5

There are two levels of custody- legal and physical. You can have joint legal custody and full physical custody. Typically, the parent with whom the child lives (physical custody) 50 percent or more of the time is the one who claims the child as a dependent. The IRS does not allow both parents to claim the same dependent. Parents who share custody of a minor need to check to make sure the other parent is not currently claiming the child as a dependent due to any misunderstanding.

Answer 6

No , unless the custodial spouse allows it.

Answer 7

No, only the parent who has physical custody of the child for more than 50% of the tax year can claim the child.

Answer 8

No, child support is not tax deductible by the payer.

Answer 9

Generally the custodial parent has the right to claim the child. You need to speak with an attorney or tax consultant.