QUESTION
Do I owe my ex-husband tax money and do I have to let him claim our daughter?
Asked on Feb 22nd, 2015 on Child Support - New York
More details to this question:
I have primary custody of my daughter and my soon-to-be ex-husband has visitation every other weekend and half of school holidays. He says that I owe him money from the last few years as I claimed her on my taxes and that I have to let him start claiming her every other year. He only pays me $40 a week in child support, less than 17% as he falls under some poverty line. Is what he says true? We have nothing in writing on this subject.
1 ANSWER
Hi
Without any kind of written agreement with respect to this issue, you are entitled to claim your daughter as a dependent exemption every year and to claim head of household as a marginal rate. The tax code makes clear that the "custodial" parent has the sole right to claim the child as a dependent exemption; in fact, in the event that the parties agree to share the exemption by alternating years, the primary residential parent actually has to complete a form 8332 (IRS) which permits the non-custodial parent to claim the dependency.
Tell your soon to be ex that he is wrong. If he tries to claim your daughter, and you claim your daughter (where she lives 12 months a year), they will disallow his exemption, and charge him interest and penalties -- and perhaps audit him.
I hope this helps.
Ilysa Magnus
Answered on Feb 23rd, 2015 at 1:11 PM