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When parents are divorced, the use of the children's exemptions is generally determined by the decree. It has nothing to do with who pays for what. The parent with whom the children reside for over 50% of the year may claim Head of Household status. At no time may both parents claim the same children in the same year on separate income tax returns. http://www.irs.gov/pub/irs-pdf/p501.pdf
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What happens if you are separated from your husband and you both want to claim the children on your taxes and who has the right to claim the children?
this would depend upon if any pryor agrement was reached in the separation papers and local statutes if this was a divorce then the parent with cust would have tax credit some… couples do this on a arranged rotation of one year yours the next mine since this is some what fair and does not involve a judge or litagation expense wich can cost hundreds or thousands of dollars
Can the custodial parent claim both children and the earned income credit on their tax return if the non-custodial parent is behind on child support but usually you each claim one child?
Answer "Taxes w/ Children" The custodial Parent has the right to claim both children, but in your case if the NC parent is behind they will automatically t…ake it from their tax refund anyway. But as with any agreement if it states the NC gets to claim one then you can only claim one. If there is not an agreement in that way, then the custodial has the right. The arrears owed to the C has no affect on the claiming rights of another.
Your divorce decree should outline who gets to claim the children at tax time. If it is not outlined, try to communicate with the other parent to work out who gets to clai…m them. If you want it to be court ordered, you will have to file documents and go to court.
So long as they live at home, their parents are providing over 1/2 of their support, and they are either. a. a full-time student under the age of 24, or. b. making less than… $3,500 (for 2008) per year
What happens when both parents claim the same child in the same year on separate income tax returns?
this has happened to my husband for 10 years straight (as of this morning when we got our rejection email). If the second parent to claim the child e-files, they will get an… email from the IRS that their return has been rejected. They will then have to file via paper and snail mail, along with documentation that they are the one who gets that exemption. If the child lives with one parent more than the other, than that is the parent that can claim the child in the absence of any agreement otherwise. In my husband's divorce agreement, he is entitled to take the exemption EVERY year with no restrictions. But, every year his ex-wife files seemingly on January 1 and takes the deduction. We then have to file our return through the mail, and attach copies of his divorce agreement, and he gets the exemption. I don't know if his ex is being penalized. Honestly, she doesn't seem to be since she continues to do it year after year. My husband does eventually get the dependent claim that is rightfully his, but it takes a few months rather than a few days if his ex wasn't screwing around.
There are two types of dependents you can claim on your tax return. 1) "Qualifying child" A qualifying child must be a) under 19 at the end of the year OR b) under 24 at e…nd of the year and a fulltime student OR c) any age and permanently and totally disabled. A qualifying child must not provide more than half of his/her own support, but there is no limit on how much they may earn. 2) "Qualifying relative" If a child cannot qualify as a qualifying child because of age, they can still be a qualifying relative. A qualifying relative can be any age, but there are some more severe restrictions. You must provide more than half of the relative's support and the relative's gross income must be less than $3500. Please refer to the chart at the top of page 11 of Publication 501 for a complete list of qualifications: http://www.irs.gov/pub/irs-pdf/p501.pdf
No you are not supposed to claim if you are in arrears.
This could be possible when all of the rules are met for this purpose. You as the non-custodial parent would only be able to claim the children if the custodial parent relea…se the custodial parent claim to the exemption by completing Form 8332 (PDF), Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, or signing a substantially similar statement. Go to www.irs.gov and use the search box for the blow referenced material Refer to Publication 501, Exemptions, Standard Deduction, and Filing Information or Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents. There was a discussion on this matter recently on Dads House. see link
if you did not work this year but had a new baby in may 2010 do you get the refund for your child
No ans Yes, you just cannot claim yourself as a deduction.
until the child is 18
In Income Taxes
There are a set of rules in the tax instructions for determining whether or not someone qualifies as your dependent. They have to do mainly with whether they lived with you or… not, and whether you contributed more than 50% of their support or not, and whether they had income of their own (and how much). If they qualify, then yes you can claim them.
If the child lived with you for over 50% of the year (183 out of 365 days) then yes, you can claim the child as a dependent on your tax return, even if they don't live with yo…u now.
The parents if separated have to work it out themselves, or it's whoever has them 6 mos or more, but both can't claim the deduction.
If you are the one that supports those 5 children then yes. Nobody else can claim those children in their tax, and you need some prof of that claim (like: doctor's bills, rece…ipts of item you got for them. Day care or school notes) in case you get audited.
No, because that makes the child a dependent for tax purposes.