QUESTION
Can my ex husband claim one of our two kids on his tax deduction?
Asked on Apr 14th, 2014 on Divorce - Idaho
More details to this question:
I am the custodial parent of my two children. I provide more than 50% of their needs and they live with me way more than 50% of the time. I am responsible for their day to day needs as well as extracurricular activities. When me and my now ex husband separated in 2012, I contacted legal aid and waited several months for a referral, but before I got it, my ex filed for divorce and once he did that, legal aid said they couldn't help me because he wasn't trying to take away my children, so here I was without an attorney facing divorce. Well we agreed to most of the terms of the divorce except for one thing. The child tax deduction. I did not feel he has any right legally to claim a child that does not live with him and doesn't receive more than half their support from him. The magistrate disagreed with me and ruled he gets to claim 1 kid every year as long as he is up to date on his child support. I talked to the IRS and was told this is against federal law, so what do I do now with this information?
2 ANSWERS
The IRS rules state that the deduction belongs to the parent who has more than 50% custody. The courts can order that the exemption be shared or be given to the non-custodial parent. In the absence of such an order, the IRS rule prevails.
Answered on Apr 15th, 2014 at 7:11 PM
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You sign the form 8332 giving him the tax deduction for the one child. When child support is calculated, it includes an amount for the tax deduction. You do this because the court ordered it. Whether you think it is right or not, the court ordered it and you must do it. Now, the good news. He doesn't get the earned income credit for the children, only you do.
Answered on Apr 15th, 2014 at 1:03 PM