Divorced or split parents how do you go about claiming one child for income taxes. It was never discussed in court with my sons dad and he's asking me about it and I don't even know what to tell him because idk how it typically works as it wasn't discussed with us with the lawyers.
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Who ever has the child more then 50% of the time is legally the only one who can claim the child.
@worlds.okayest.mom, I figure we have to alternate everything else that's probably what they'd try to get us to agree on. I know calling my lawyer he won't call me back so we have to agree on something ourselves.
@missjess just go by the legal grounds. Give him an inch and he'll take a mile.
@worlds.okayest.mom, I do. I told him I didn't mind alternating but at the same time he makes way more money than I do and he barely has my son so it kind of isn't fair for him to
Claim him.
@missjess, you could just alternate then too to save the fight trust me I know how that goes I went through that when my oldest was a baby.
@kreese88, he lives with me. I always thought it was the parent who had physical custody but I really don't want to fight with this guy and he saids he alternates with his other kids my mom said she alternated with my brother and I. I mean more than likely the courts would probably say alternate as he does pay child support? Idk I said I didn't mind alternating but idk I'm so confused.
@missjess mine isn't in the agreement either. Legally with the tax code it's whoever physically has the child more nights.
They only way to split it is the baby lived under his dad’s roof for 6 months out of the year otherwise you claim him the whole year. That doesn’t count for visitation either.
@damn.it.red, That's what he's saying we do but it was never discussed and idk how it really works and I'm not trying to fight with him :/
@t143, it's not said it was never even mentioned. His dad gives child support. So idk what to even tell him he's saying alternate years
My uncle and his ex wife alternate years.
It should be said in the agreement. If you have custodial custody, typically the child is claimed every other year by each parent. Now, if you have full custody-where the father does not provide anything for the child- only you can claim him/her.
It is up to you. Sometimes the above is stated in the agreement but no one follows it so the custodial parent is the only one that claims the child.
Having custodial custody does not mean you have full custody. You’re still sharing the responsibilities. (In the court’s eyes) he provides financially and you provide the home.
(But he has to physically hand the check to daycare and have the money taken from his account. If he pays you support and that goes to daycare doesn't count)
Whoever has the child more times through out the year gets to, but if he pays money towards daycare, he can still claim that
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@jhalsted1995, I really don't know what to do. I'm not trying to fight and be a bitch to him but I'm trying to do what we're suppose to do. Not just the easy way out give in to him solution. That money is more beneficial to me in regard to our son anyway not him. That's why I feel like it shouldn't go to him. Especially if it's not suppose too