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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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15y ago
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10y ago

You need to review your separation agreement, custody order and the laws in your state. In some states the parent with physical custody has the right to claim the child on their taxes. You need to check your own status.

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13y ago

No, only one parent can claim a child as a dependent in any given tax year. Whoever the child stayed with more gets to claim them. In a 365-day tax year, the parent who had the child for at least 183 days get to claim them. If the child stayed with both parents exactly 50% of the time, whoever the child is staying with on tax day (April 18th in 2011) gets to claim them.

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14y ago

No, the one that has the child 51% of the time.

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Q: What if one parent has custody of a child can the other claim the child on taxes?
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How does joint custody affect child support in Nebraska?

The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.


Can a parent with joint custody of a minor child relinquish custody of that child to a third party without notifying the other parent?

I believe not.


Will you receive more child support with sole custody as opposed to joint custody?

You may since sole custody implies the child lives with that parent 100% of the time. With joint custody the child may dwell with the other parent for part of the time or with one parent all of the time with visitations for the other parent. It depends on the details and the state child support guidelines.


If a child lives with one parent can the other parent who does not live in the same home claim that same child?

Not on taxes no. The parent the child lives with has the main right to claim the child. But if that parent can't or doesn't want to then the other parent can


Is a parent suppose to be notified if the other parent files for custody of their child?

Yes.


Can a parent get temp custody of child if other parent is now living in a hotel because ex wont leave their home?

Either parent can file for temporary custody, while in possession of the child. Challenging this claim will require a full hearing. Living circumstance is not always a consideration in the initial filing.see link


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

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.


Can you take your child out of school if you are not the legal guardian but you have joint custody?

Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.


How does military deployment affect child custody if parent being deployed is primary?

Custody should change to the other parent


If you have joint custody can one parent get a travelling visa out of the county for the child without the other parent's permission?

no, even if you have sole custody


How does child change custody from one parent to the other?

The court would have to modify the custody order. You need to discuss it with your custodial parent.


Can a parent be sued when a child who does not live with them gets into a car accident?

If they are the child's legal parent yes. The only way that they might be unresponsible is if the other parent had sole physical and legal custody. If they have joint custody but the child lives most of the time with the other parent they are still responsible.