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Q: If there is no child custody agreement who can claim on taxes in Delaware?
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Can a non-custodial parent claim a child if he has the child only two percent of the time?

Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.


Can a parent paying child support file child on taxes?

Paying Child Support has nothing to do with any right to claim the child on their return. A divorce agreement or custody agreement usually deals with rights to claim a child on a tax return. If there is no such agreement deciding who get to claim the child then the IRS rules do. Usually the first right is the custodial parent (the person the child lives with). Residency is one of the requirements to claim a dependent.


Can father claim child on taxes when legally separated and mother has custody?

in ca.my fiance claims the taxes because she has custody of her son more than 50% of the time. if you have your child over half the year in your custody you should legally be able to claim the child on your taxes if you have a problem the court will give you an order in writing.


You each had custody of one child and could claim one child on your taxes. Your ex wife moved in with a child molester and now you have custody of both. Can you change the tax agreement also?

You should also modify the agreement regarding taxes as well. You could request the court modify the agreement so that you can claim both children since you now have custody of both. These court orders do not change on their own. You must initiate a request for a modification.You should also modify the agreement regarding taxes as well. You could request the court modify the agreement so that you can claim both children since you now have custody of both. These court orders do not change on their own. You must initiate a request for a modification.You should also modify the agreement regarding taxes as well. You could request the court modify the agreement so that you can claim both children since you now have custody of both. These court orders do not change on their own. You must initiate a request for a modification.You should also modify the agreement regarding taxes as well. You could request the court modify the agreement so that you can claim both children since you now have custody of both. These court orders do not change on their own. You must initiate a request for a modification.


Who claims the child if you have joint legal custody in New York?

Whoever has physical custody of the child for more than 50% of the year (at least 183 out of 365 days) can claim the child on a tax return. If both parents have 50% custody, whoever has custody of the child on tax day (April 18th in 2011) can claim the child.


Which parent has the right to claim a special needs child as a dependent on their tax return?

You need to check your child custody order and state laws to determine who has the right to claim the child as a dependent. Some states allow the parent with physical custody to claim the child unless the parents have a different arrangement approved by the court. You should inquire at the court that has jurisdiction over the case.You need to check your child custody order and state laws to determine who has the right to claim the child as a dependent. Some states allow the parent with physical custody to claim the child unless the parents have a different arrangement approved by the court. You should inquire at the court that has jurisdiction over the case.You need to check your child custody order and state laws to determine who has the right to claim the child as a dependent. Some states allow the parent with physical custody to claim the child unless the parents have a different arrangement approved by the court. You should inquire at the court that has jurisdiction over the case.You need to check your child custody order and state laws to determine who has the right to claim the child as a dependent. Some states allow the parent with physical custody to claim the child unless the parents have a different arrangement approved by the court. You should inquire at the court that has jurisdiction over the case.


What facts do you base your claim for child custody?

See Cooperative Parenting Below


Can a mother's boyfriend claim her child on taxes even if he has no legal custody?

If he was responsible for over 50% of the cost of the child, he can claim the child as a dependent. That would mean that no one else was entitled to claim the child, including the father and mother.


What parent should claim a child on tax returns?

You need to check your child custody order and state laws to determine who has the right to claim the child as a dependent. Some states allow the parent with physical custody to claim the child unless the parents have a different arrangement approved by the court. You should inquire at the court that has jurisdiction over the case.


Who can claim a qualifying child for the EIC after divorce is not specified in divorce agreement?

The child that the child actually lives with for most of the year can claim the EIC on the child. If the divorce agreement specifies that a non-custodial parent can claim the child on his or her taxes, it does not mean that he or she can claim the EIC on the child. EIC is not granted in court orders. To claim EIC, you must pass the age, relationship, and residency requirements. If the child does not actually live with the non-custodial parent for most of the year than the non-custodial parent may NOT claim the child.


What if one parent has custody of a child can the other claim the child on taxes?

== == 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


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.