QUESTION
How will claiming taxes work if there is a court order parenting plan in place?
Asked on Feb 06th, 2014 on Child Support - Florida
More details to this question:
My husband and I are the primary caregivers of his son and the child's mother has visitation every Wednesday and every other weekend. We have majority time. Before she had majority time, now we do. We have never claimed him on taxes, but his mother has for the past five years. It is not included in our court documents who is to claim the child, and we were wanting to because he is with us more time and lives at our residence. She pays no child support yet. Any advice?
1 ANSWER
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Check with a CPA or tax preparer, normally the IRS rules state that the parent with whom the child resides 50% or more of the year gets to claim the tax credit. Since your court orders are silent on this issue, it seems that the IRS regulations may control. Ask your CPA first.
Answered on Feb 09th, 2014 at 11:19 AM