your not notified when the non-custodial parent files their taxes and your not entitled to notification. if you are worrying about the parent filing and claiming your child/children there is really no way other then whomever files first with the childs social security number will force the 2nd parent filings to be kicked back because the child has already been claimed. to correct that you need to provide legal court documents saying you have the right to claim the child that year and it is a long drawn out process. unfortunately the IRS has NO WAY of knowing who is legally entitled to claim which child which years
Either to the custodial parent as the obligee, or to the State as reimbursement for public assistance.
The parent who is considered the custodial parent.
That issue is affected by state laws and court orders and separation agreements. You need to find the answer before claiming the child. In some states the working custodial parent has the right to claim the child as a dependent regardless if the non-custodial parent pays child support in recognition that the parent with custody generally spends more time and money on caring for the child.
Karma is a great thing. The non-custodial parent will eventually lose if they did not file expressly to avoid the refund going to you. However, look at the IRS site for exceptions which allow not filing.
You come to an agreement with each other; there is no form to sign. If you are amicable, you might give the credit to the one whose taxes most benefit. Form 8332 is if one of you is the custodial parent of record.
No need, just notify IRS.
If not stated in divorce or paternity documents, usually the custodial parent has the right to the tax deduction.
Return to court for an order of contempt. The court can sanction the offending party.
Either to the custodial parent as the obligee, or to the State as reimbursement for public assistance.
Probably not - in general, child support is a percentage of the obligor's net income. A new spouse, whether married to the obligee or obligor, should not increase or decrease the child support obligation. As one of the child's parents, you are liable for at least a minimal amount of support regardless of the obligee's resources.
Depends on the agreement between you two. Often one or the other would benefit more, so doing the math may help. There is an IRS letter of agreement that should be signed.
Of interest, this was brought to my attention today. It fully depends on how much time each parent has the child, and not the court order. But, it requires keeping a detailed record.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 http://www.irs. gov/pub/irs- pdf/f8332. pdfRegardless of ANY court order 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. I would personally have her fill out the 8332 and keep it in a desk drawer just in case she challenges your ability to file, and I wouldn't fudge at all on your taxes.