I live in Calif and have twins. My exhusband claims 1 and I claim the other. I have physical custody and we?
Saturday, January 23rd, 2010 at
3:52 pm
both have legal joint (for health and school, etc decisions). I thought only the parent the kids reside with can claim them if they live with them more than 6 months. The kids only go to my ex every other weekend he hardly qualifies to claim one even though he does pay child support. Does anyone know about this?
If your child support order or parenting plan does NOT state who claims the children, then you as the primary residential parent have all rights to claim the children.
Only the parent with majority physical custody can claim HOH and EIC on the dependent child.
Filed under: Parents of Twins Support
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You should contact your tax counselor for this. If not, a lawyer can give you the answer.
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Your divorce and custody decrees should have spelled out who claims the children. If they didn’t then you need to be sure you agree with your ex because if BOTH of you claim the children then the government can come after EACH of you for tax fraud.
Whatever you agree to should be in writing.
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It depends on what your divorce agreement states…is this in that agreement..there should be some kind of agreement for each of you to claim one..
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In your situation it doesn’t matter to the IRS who claims the children. Your divorce decree probably states that you claim one and he claims the other based on your current set up. If the set up has changed since your divorce and you believe you pay more than 50% of their expenses than you can take him back to court and get it ordered that you should be allowed to claim both kids. Careful because if he is paying child support; that claim will quickly be denied and leave you open to him asking to be able to claim both.
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In my divorce it was decided and agreed that every other year we would take turns that’s a legal question One I made sure was addressed in court. We had joint custody also.
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I’m not sure how it works in California, but here in Arkansas if it does not specifically state in the divorce decree that he gets to claim them every other year then YOU get to claim them every single year. My ex tried that, and I shot him down quickly because paying child support does not cover all the expenses (not even half) for 2 kids all year.
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it depends on what your child support & divorce documents say. some documents will have the parents alternate years on when they can claim the children on their taxes. some documents will split the children between the parents for tax purposes.
quite often who is allowed to claim the children is dependent on whether or not the noncustodial parent is paying their child support.
read your court documents and see what they say and if they specify who gets to claim the children then you have to abide by those documents. If they do not specify who can claim the children then you should talk to your tax accountant to see if you qualify to claim them.
save all your reciepts because if some year you both claim both of the children then you will both be audited and you will need to provide proof you had the right to claim both children that year.
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If your child support order or parenting plan does NOT state who claims the children, then you as the primary residential parent have all rights to claim the children.
Only the parent with majority physical custody can claim HOH and EIC on the dependent child.
References :