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.
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.
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.
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.
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.
No , unless the custodial spouse allows it.
No, only the parent who has physical custody of the child for more than 50% of the tax year can claim the child.
No, child support is not tax deductible by the payer.
Generally the custodial parent has the right to claim the child. You need to speak with an attorney or tax consultant.
It regards the issue of getting an emergency custody order for a child in need of care.
No.
The person with full custody has the right to have the child live with them permanently and has the right to make all decisions regarding the child without interference.
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
If the child is born before midnight on December 31st, they count as a dependent for the full year.
By determining that the right of a parent to primary custody of the child supersedes the best interest of the child.
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.
Custody is a separate issue from money. Child support payments are about money. Custody is about who raises a child, who is in charge of that child and with whom does that child live.
No. If the child's' mother calls the police you could loss custody of your child and possible go to jail. If I was you I would contact a lawyer who specializes in child custody cases. If you can get a notarized letter from the mother saying it is okay and giving you full custody.
If at the custody hearing, the judge believes that you are the cause of the child's overweight problem, the father could very well win full custody. If you can afford it, hire a lawyer to argue for your side.
With the facts given...the mother is the one that would qualify under the tests, especially the support and residence ones. Which without, the grandparents don't qualify to claim the child in any case.
How does he have any visitation rights with a custody and child support order?