Okay so my ExFi keeps bugging me about this.
I don't think I have to split it with him at all and its irritating me that he keeps asking. He's convinced that since his ex wife is willing to swap off claiming their child that I have to. Do I have to?
achase123:Do you have 50/50 custody? What's your situation?
It's all depending on your individual situation. If the child is with you most of the time, and you provide most of the financial support for the child, you are entitled to the credit unless there is a court order stating otherwise.
For example, my divorce decree states that XH and I each claim one child on our taxes. We didn't have a court order the first year when we were just separated, but since they lived with me and me only for the last six months of the year and XH didn't provide substantial financial support (and at the time we didn't have an order for support), I claimed them.
I made sure that it is in my CO that I claim DD every year. At the time we signed the CO, I agreed to a very low amount of CS and DB never exercises his right to see his daughter. If he wants to change it, he has to take me back to court.
I am not sure if this is normal, but I think that a lot of divorced parents do every other year as far as claiming the kids.
We just split but at the moment I'm still covering HIS living expenses since he can't afford to move out of our home. There is no formal parenting plan as of yet and I haven't filed for Child Support.
Thanks for the input Ladies!!!!!!
I used to do taxes - so for me it comes down to "What will the IRS say?"
This might be helpful:
IRS site on qualifying children
IRS site on child tax credit
beware....this is a BIG thing that a lot people don't realize.
If you lived together for at least 6 months of 2010, whoever makes more in income would get the qualifying credit.
I had this happen to me. DB and I lived together 6+ months during 2008. He moved out, we both filed separate and he also claimed ds (unbeknownst to me) that tax year. I got a letter in the mail stating that I wasn't eligible to claim him (I appealed and lost the appeal).
I was paying ALL of ds' expenses but because DB made more than me the year ds was born he got to claim him and I had to pay back the $1900 for certain credits on claiming him. (It's called the tie-breaker rule)
in my case- my x took me to court because he wanted to claim my son every other year. he reasoning as he told the judge was that "it was fair" news flash-- it isnt... i get 75 a week, and i havent even gotten payments for a full year-by the end of the year- it will be abount 1500 total.... yet he gets to claim my son and get money that he does not deserve.. when i appealed- the judge denied the request... apparently asside from the fact that my judge sucks @ss big time... i overheard someone else complaining about her rulings saying "She does what is "fair by the law" not what is moral and just"
good luck to you- because i lost that legal battle
please dont get your hopes up. it really all depends on your judge.
in regards to the IRS guidelines- my x met none of them- i have him more, i make more, i get little support, and i provide his insurance, and havent gotten a year of support, he also 300+ in he rears at the time of his request.. and he got exactly what he wanted "to claim my son every other year starting with the even numbers" (did i meant the court order was all in his gf's handwritting? ) lol
yes, i have wage garnishments and it is all through DOR.he told me he woudl never pay my up to date for the back support (after he sent out a partial money order three weeks late from when he was told to send it, then did a stop check it to) the judge said that he has to be up to date with a zero balance as of dec 31... so lets all cross our fingers, toes, anything, everything, so that he does not get up to date... its just so sad this is all about the money to him...
Well, it's not looking very likely that he'll be up to date, so hopefully you'll get the back support through his tax return refund...
My XH is claiming one of our daughters, but it's not likely that he'll get a refund because he makes too much money. But paperwork for garnishment has been submitted just in case!
Dang, I guess I should count my blessings that XH has never asked for the tax credit.