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I am CP of 2 children. The NCP wants to claim for them taxes. Currently, he only has them for supervised visits for 2 hours a week. Taxes have only been discussed in mediation, our order says nothing about claiming. Who has the right to? He is claiming to sue me for the amount because it has been discussed in mediation.
6 ANSWERS
Estate Planning Attorney serving El Dorado Hills, CA
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Based on what you have said.
Answered on Jul 02nd, 2013 at 1:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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The IRS has rules as to who can claim the the exemptions and credit. There is insufficient information upon which a firm opinion could be formulated and given but generally the CP receives the child care credit and it is taken into account in the NCP's child support and child care obligation.
Answered on Mar 07th, 2012 at 10:05 PM
You have the right to claim them because they lived with you more than half of the year. If there was an order that stated that he was supposed to claim them, then he could file a motion with the court to have you found in contempt for violating the order. Since this is not the case (based on the limited facts you presented), then you are entitled to claim them.
Answered on Mar 07th, 2012 at 12:46 PM
Donald B. Lawrence
Try this link: http://www.irs.gov/publications/p972/index.html If this does not work, go to www.irs.gov and type in child tax credit in the search box at the top right.
Answered on Mar 07th, 2012 at 12:41 PM
Peter James DeRose
The custodial parent (CP)?has the right to claim the exemptions for children, as well as the EIC and Child Tax Credit. The NCP can get the exemptions if the CP allows it either year to year of for a fixed term of years. Typically, it is dealt with in the Judgment of Divorce. The CP can bargain to give the NCP the exemptions each year if the CP cannot take full advantage of them. Suppose CP has no taxable income and says to NCP you can have the exemptions for 2012 in exchange for $1500.00. If you do so, the agreement should be drafted by a qualified and experienced tax attorney.
Answered on Mar 07th, 2012 at 12:30 PM
I would need more details to be specific, but generally it's better to file your taxes first and claim the credit. Very likely the court would give the exemptions to you because of the overwhelming time the children are with you.
Answered on Mar 06th, 2012 at 5:09 PM