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If you are custodial parent and make less than child support given by father can you claim child on taxes?
Wiki User
∙ 14y ago
In my state I know for fact that the custodial parent has the right to claim child/children over non custodial. I went through this last year.Visiting parent claimed the kids before I went and did my taxes.I was not able to file because he claimed them first.Then I proved proof that I was custodial parent and I was able to file and got all of the monies I was supposed to.They informed me that he would have to payback all the monies owed to the IRS that he was not supposed to get.
Now if you have a arrangement in writing or by court order then it will they go by that.
Wiki User
∙ 11y ago
Wiki User
∙ 14y agoThere are special rules for children of divorced or separated parents, as well as children of parents who never married. In most cases the custodial parent (the parent having custody of the child for the greater part of the year) may claim the dependency exemption for the qualifying child. For this purpose, "custody" means that the child lives in the parent's main home.
Custodial parent and noncustodial parent The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.
If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year.
A child is treated as living with a parent for a night if the child sleeps:
*.At that parent's home, whether or not the parent is present, or
*.In the company of the parent, when the child does not sleep at a parent's home (for example, the parent and child are on vacation together)
Equal number of nights If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.
December 31. The night of December 31 is treated as part of the year in which it begins. For example, December 31, 2009, is treated as part of 2009.
For more information go to the IRS gov web site and use the search box for Publication 17 go to chapter 3
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How come a father has to automatically pay for child support and a mother may not if the father is the custodial parent?
A custodial parent may have to pay child support if his income is significantly higher than that of the non-custodial parent based on the non-custodial parent's "parenting time" percentage.
Does a non-custodial mother have to pay child support to the father?
Yes, if the father is the custodial parent. It works just the same as when the mother is the custodial parent. The non-custodial pay child support based on their income and other factors.
Does child support increase if the father gets married?
No. (The answer is the same whether the father is the obligor/non-custodial parent or obligee/custodial parent.)
Can the custodial parent stop child support because the father is helping with children?
The situation regarding child support MUST be revisited if the circumstances of the custodial parent change.
How much child support does the custodial parent get if the father is an immigrant?
It varies.
Are the children suppose to get money out of the child support the non custodial father pays?
Child support is the non-custodial parent's portion of the expenses of the child, including housing, food, clothing and so on. It is up to the custodial parent whether an "allowance" can be paid to the child from the child support amount.
Can a father get child support when he does not have custody and not returning his child after visitation?
No. Only the custodial parent get child support and not returning the child is kidnapping.
What constitutes custodial parent in reference to child support?
The custodial parent is the parent with custody/guardianship of the child.
Does the custodial parent have to work to get child support in Virginia?
No, the custodial parent does not have to work to get their support. The support goes from the child's other biological parent.Ê
Is child support due to minor if the minor is incarcerated?
Child support is paid to the custodial parent. It must be paid until the child support order is modified.Child support is paid to the custodial parent. It must be paid until the child support order is modified.Child support is paid to the custodial parent. It must be paid until the child support order is modified.Child support is paid to the custodial parent. It must be paid until the child support order is modified.
Are both unmarried parents required to pay child support in Mississippi?
The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.
Can you sue your father for child support?
No. Your custodial parent must file a complaint for a child support order in the family court in your jurisdiction.
