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Who can claim a qualifying child for the EIC after divorce is not specified in divorce agreement?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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When is your child old enough to no longer need a babysitter?
First of all, the child must be comfortable with the fact that its parents will be gone for some time. Secondly, it is very important that the child know how to call for help or advice if needed.
Do you need to pay for the child's car insurance in addition to the child support you already pay?
You need to review your child support order and separation agreement that accompanied your divorce to determine what your obligations are.You need to review your child support order and separation agreement that accompanied your divorce to determine what your obligations are.You need to review your child support order and separation agreement that accompanied your divorce to determine what your obligations are.You need to review your child support order and separation agreement that accompanied your divorce to determine what your obligations are.
Does a Michigan court grant a divorce with no child support agreement?
WE must first remember that the couple when filing for divorce and child support agreement , must have children . The state of Michigan court will then decide.
What is a dependence?
A qualifying child or qualifying relative.
If a father signs over his rights can he still claim his child on taxes?
No. Yes. There are really 2 types of this type of deduction available- Children and qualifying family. They each have slightly varied tests, but having parental rights is not specifically one. The link provided has more specific fairly plain language defintions and examples of the test. Children of divorced or separated parents. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true. 1. The parents: 1. Are divorced or legally separated under a decree of divorce or separate maintenance, 2. Are separated under a written separation agreement, or 3. Lived apart at all times during the last 6 months of the year. 2. The child received over half of his or her support for the year from the parents. 3. The child is in the custody of one or both parents for more than half of the year. 4. Example. Your child lived with you for 10 months of the year. The child lived with your former spouse for the other 2 months. You are considered the custodial parent. Written declaration. The custodial parent may use either Form 8332 or a similar statement (containing the same information required by the form) to make the written declaration to release the exemption to the noncustodial parent. The noncustodial parent must attach the form or statement to his or her tax return. The exemption can be released for 1 year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration. If the exemption is released for more than 1 year, the original release must be attached to the return of the noncustodial parent for the first year, and a copy must be attached for each later year. Divorce decree or separation agreement made after 1984. If the divorce decree or separation agreement went into effect after 1984, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or agreement must state all three of the following. 1. The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support. 2. The custodial parent will not claim the child as a dependent for the year. 3. The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent. The noncustodial parent must attach all of the following pages of the decree or agreement to his or her tax return. * The cover page (write the other parent's social security number on this page). * The pages that include all of the information identified in items (1) through (3) above. * The signature page with the other parent's signature and the date of the agreement. Not a Qualifying Child Test A child is not your qualifying relative if the child is your qualifying child or the qualifying child of any other taxpayer. Example 1. Your 22-year-old daughter, who is a full-time student, lives with you and meets all the tests to be your qualifying child. She is not your qualifying relative. Example 2. Your 2-year-old son lives with your parents and meets all the tests to be their qualifying child. He is not your qualifying relative. Example 3. Your son lives with you but is not your qualifying child because he is 30 years old and does not meet the age test. He may be your qualifying relative if the gross income test and the support test are met. Example 4. Your 13-year-old grandson lived with his mother for 3 months, with his uncle for 4 months, and with you for 5 months during the year. He is not your qualifying child because he does not meet the residency test. He may be your qualifying relative if the gross income test and the support test are met.
Does the custodial parent get the child for a whole month during summer?
That type of issue is set forth in the divorce agreement, by court order or by agreement of the parties. There is no single rule.That type of issue is set forth in the divorce agreement, by court order or by agreement of the parties. There is no single rule.That type of issue is set forth in the divorce agreement, by court order or by agreement of the parties. There is no single rule.That type of issue is set forth in the divorce agreement, by court order or by agreement of the parties. There is no single rule.
How is child custody determined after a divorce?
After a divorce, the couple must go to court to settle an agreement. The judge will determine what is right for the child based on the mental and physical health of the parent.
What is the income requirement to be claimed as a dependent?
There are two types of dependents: Qualifying Child and Qualifying Relative. There's no income requirement specified for being claimed as a Qualifying Child. Instead, the person claiming the Qualifying Child provides over half of the child's support. A child who isn't eligible as a Qualifying Child may meet the requirements of Qualifying Relative. There's a gross income requirement of less than $3,500.00 in 2008 ($3,650.00 in 2009) for Qualifying Relative, in addition to receiving over half of his/her support from the person claiming the dependent exemption. For more information, go online at www.irs.gov/formspubs. Select Publication Number. Enter 501 to read/print Publication 501 (Exemptions, Standard Deduction and Filing Information.
How do you control who spends your child's disability money when the parents are divorced and has done shared parenting?
Who spends a child's disability money should be part of the divorce or custody agreement. You can ask to amend the agreement.
What do a father on child support do about carrying his child on his income taxes?
He can only claim the child as a dependent if there is a clause in the divorce agreement which allows him to claim the child or if he is the primary caregiver and there is no divorce agreement. You should always consult a lawyer or a tax consultant first though. The laws may vary depending on the state in which you reside. Check with the IRS website and your state rules.
When is a parent no longer legally responsible for a child?
When they reach the age of majority, which in most states is 18 years old. There are exceptions, some states it is 19, or requires high school graduation and 18. And if there is a court order for support until they reach a certain age, it can make a difference.
Payments for 1 child with your income of 56000 yr?
The judge would have come to a figure , at the final divorce agreement.
