Under IRS rules, it's the parent who can clearly prove to possession of the children at least 51% of the time.
Two people can not claim the same child. It's as simple as that. If the judge ordered that he get to claim the child for that certain year. Then he gets to claim him for whatever deductions apply to him.
Child Tax Credit is paid to the person registered as the carer of the child. Only one household can get Child Tax Credit for a child. If you share responsibility for a child and you can't agree who should claim you can both apply. The Tax Credit Office will decide for you. -------------------------- Child benefit is paid to a person responsible for a child. (You'll usually be responsible for a child if you live with them or you're paying towards looking after them.) Only one person can get Child Benefit for a child.
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Normally, the custody agreement would specify which parent could claim the child for tax. While one may expect the parents without income wouldn't care about additional deductions...for purposes of the child tax credit, income isn't needed - hence they get the credit as cash, not a deduction. The parents essentially get paid for having the children---they get back more tax from the gov't than they pay!
Whoever has the child the most in their home gets to claim the child on their taxes, unless you make another agreement. If he has it on paper that you said that he can claim tham, then he can. Otherwise, it is whoever the child spent the most overnights with.
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 claim them. If you want it to be court ordered, you will have to file documents and go to court.
What a wife gets as a result of divorce depends on the assets you share. Additionally, assets obtained during the marriage needs to be divided.
The custodial Parent has the right to claim both children, but in your case if the NC parent is behind they will automatically take 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.
I can only assume you mean claiming the child on your taxes. If you pay child support on a child and claim that child on your taxes, you are committing tax fraud. You can only claim a child on your taxes if you are providing most of his support and that includes he has to be living with you for most of the tax year. How much a father pays does not necessarily relate to him claiming the child on his tax return. You need to review your court orders. They should address who gets to claim the child as a dependent for tax purposes. If not set forth in the order then check your state laws. Most states provide that the custodial parent gets to claim the child for all of the reasons set forth above.
No, you cannot claim an unborn child on taxes. It is not a dependent until it starts to breathe on its own. The baby must be born before the end of the year in order to claim it on that year's tax return.
No, if the spuse you divorced adopted the children or they are his/her own, he/she gets possession of them by law, unless he/she is unable to care for them.
wife gets the car in the divorce** she may have gotten the car but YOU got the responsibility of paying whats owed. "Getting the car in a divorce" is a clever ploy by attorneys to placate all parties, BUT, that doesnt change the LEGAL part of a contract. YOU sign, YOU pay.