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Taxes - Claiming your Child

Crystal318Crystal318 member
in Single Parents
Hi everyone! I already know the answer to this question but I need to be validated please. My ex makes me run around in circles in my brain I swear!! So last year - 2012 - my son lived with my 100% of the time. The first six months my ex was on drugs/alcohol and we were in the middle of a custody battle. LO did see his father a few days a week (supervised the first six month bc of drugs) He did not pay his half of child support. I did get a check from his MOTHER in July as part of a payment to keep him out of jail (long story - drug related charges). After he got sober in July he was "better" about about paying his half but it was def not 50/50. Who claims our son on thier taxes? Am I supposed to SPLIT my taxes with him or give him any of that money? TIA :)
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Re: Taxes - Claiming your Child

  • cautionwillburneyescautionwillburneyes member
    You can claim your son on taxes.  It goes by days in the household not by paying child support.  Unless it's in your court order otherwise, if you have your child a day over 50% of the time you can claim the child.  No, you don't have to share. 
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  • jmccall79jmccall79 member
    Primary, custodial, parent claims the child unless otherwise noted in custody papers. There are an odd number of days in the year, so time is never going to be truly split 50/50, so you can't go based on that.  It doesn't matter whether he is paying child support or not, you still claim the child.  And no, you do not give him any part of any return that you may be getting.  The only thing that would change that, again, is if custody orders say otherwise.

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  • kennazebrowskykennazebrowsky member
    You claim the child because the child lives with you and you have him full time. Even if the ex always paid child support and visited him- you still claim him.
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  • tealowltealowl member

    You are custodial, so you will claim your child. Also, he would need the childs SSN in order to file, if he doesn't have it, he can't even try.

    However, file as quick as you can, just in case.

    And no, that money is yours since you've provided for the child.

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  • NDSalesGirlNDSalesGirl
    imageteal owl:

    You are custodial, so you will claim your child. Also, he would need the childs SSN in order to file, if he doesn't have it, he can't even try.

    However, file as quick as you can, just in case.

    And no, that money is yours since you've provided for the child.

    Sorry to Lurk, but this is only true if there is no Court order, depending on the state. Iowa says no matter what as long as BD is current on child support at the end of thier year, then they get to claim the child reguardless of how much time the child spends with them. 2012 was our year to claim SS and BM claimed him, holding up both of our tax returns. Long story short, BM is now being audited for claiming SS when it was our year. Just go by the court order.

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