Friday, August 20, 2010

Can my husband who left us in May 07 claim my son on his taxes just because he now pays child support?

He just started paying partial child support in Oct. leaving me high and dry from May until October... he says his lawyer says he has the right to claim my son. Does he? or can I go ahead and efile with my having the right to claim my son?Can my husband who left us in May 07 claim my son on his taxes just because he now pays child support?
Check H%26amp;R block !


I dont think he has the right to file


your child has been living with you over 7 months!Can my husband who left us in May 07 claim my son on his taxes just because he now pays child support?
It should say in your papers if not He would still need to of paid more than 50 percent of childs care. So I would say No. he shouldnt.
my mom and dad went back and forth for years on this....my mom won because she had full custody of us... he tried claiming us and got a big kick in his nuts for that~
Yes. If he's paying support. But, sometimes it's clarified in your divorce papers. If you're unsure, I'd consult your attorney. Some divorced parents will compromise; one claiming the child this year, and the other parent claiming the child next year. Hopefully your ex is a reasonable man.
That is usually spelled in the divorce/child support papers.
I really think you need to ask IRS or HRBlock or someone who really knows.


Heres what I found:





The dependency exemption cannot be split. Generally , the custodial parent is treated as the parent who provided more than half of the child's support. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if certain conditions are met.
He's lying to you about what his lawyer said. Because you have lived apart for more than the last six months of the year you are considered unmarried by the IRS for tax purposes. You can file Head of Household and claim your son. Efile before he does - if he does it first your efile may be rejected and you'll have to paper file. If both of your claim your son then the IRS will contact both of you and correct the mistake and your husbands return will be adjusted.
First,is your divorce final?If it's not then he can claim the child.If it's final then NO,child support cannot be claimed and therefore neither can the child.If your attorney was a complete idiot and let the other lawyer put in a clause granting your ex husband can claim the child,then you will have to go back to court.(with a different lawyer) The I.R.S.says you may not claim child support,nor the child.

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