Claiming Child as dependent in divorce judgement?
86969
Been there, done that.  I'm guessing that, unless the court order that changed custodial parent from Father to Mother also gave Mother right to claim the exemption, the Father still retains that right.  This is something that your Attorney should have been on top of when you went back to Court to change custody.\n\nThe tax exemption does not automatically go to the custodial parent.  If the monetary contributions of the Father exceed the contributions of the custodial Mother, the Father is generally awarded the exemption unless otherwise specified in the divorce decree (or an ammended decree).\n\nSince claiming a child as an exemption on a tax form now requires that the dependant be identified by a Social Security Number, if you both claim the child (something that used to be fairly common, hence the requirement), you will almost certainly both be audited by the IRS to clear up this issue.  IRS penalties and interest can be very expensive.\n\nConsult your Attorney to resolve this issue.  \n\nGood luck.
187364
There are a lot of things you've left out so it's hard to say.  Where you live, where the child lives, if you are one of the biological parents, are another family member or if you are an interested party who is unrelated.\n\nThere are many things that need to be taken into consideration before anyone can really answer for sure.\n\nMy best advise would be to go on www.allexperts.com, find an attorney who deal with this matter and ask your question giving them all the detailed information they will need.  This particular site is free, all the experts on this site volunteer their time.\n\nGood luck!
657085
I agree with whomever said to petition the court.  You can contact your local department of social services to see where and how to get the paperwork. My sister's ex mother in law did much the same thing during my sister's divorce and custody hearing (her ex husband was into drugs and endangering all their welfare by bringing the dealers home). Her ex mother in law got one day a month (supervised by my sister b/c of problems there as well).  This is in NY. Your best bet would be to contact a lawyer and see what your states laws are.  I am a total advocate of children having relationships with ALL their family (with the exception of when they are in danger by this of course) So I wish you the best of luck.  I believe children are harmed when they are brought into the middle of adult squabbles. Again best of luck to you.
68840
If you have children and u left him with the children, he can go to family court and get and a temporary  order( pendente lite) for you  to contribute now. Otherwise,When and if u r divorced, the settlement will reflect this. If the note on the house is more than the house can be sold for and there are not other offsetting assets ( pensions, cars, IRA's, Householfd furnishings etc.) he could potentially get a judgement against you for half of the difference.
56909
It will be listed in the QDRO (Qualified Domestic Relations Order). Typically, if your ex-wife had no retirement assets of her own, the QDRO would require you to transfer one half of your accumulated retirement assets to her. this percentage is not written in stone and your QDRO could be different. If by "retirement benefits" you are referring to a pension or other defined benefit type plan, the QDRO will also spell out how that would be treated. If your divorce is complete your attorney should be able to help you decipher the QDRO.\n\nAlso, child support payments are only made as long as the child is a minor, unless some other circumstance (i.e. a special needs child) causes the judge to alter the norm.
178188
If you have a dependent and you support them more than half of their support, then you can be head of household. But if you are marriage and live anytime with in the last 6 month of the year with your spouse then you have to either claim marriage joint or marriage filing separate.
1123522
I looked into it a few years ago and was told that the only way to claim independence is to be an orphan or a ward of the court.  I really hope the situation has changed.  Good luck!
54461
If you had custody for your child for the year and there is nothing in the divorce decree stating that you claim the child every other year than you go right ahead and claim her. Her Mother will be in trouble with IRS not you. You had to have physical custody for more than 6 months of the year.
7406
when they are no longer a minor, it is up to the child (former child, as it is)
716685
you can claim children as dependents on you federal income tax return if they lived with you at least 6 months , they may also qualify for unearn income credit. check it out  www.irs.gov
760580
First of all, H & R Block makes lots of mistakes, so be careful and double check anything they tell you.  Even the IRS gives out bad answers, so always get a second opinion on anything that is questionable.\n\nIf your divorce decree spells it out, then you are the one who gets to claim him.  Your husband will get in trouble with the IRS, not you, even if it does inconvenience you by having them audit your return.  But if your divorce decree doesn't specifiy who gets to claim him, then who ever provides over half of his support during the year is allowed to claim him.  Support means housing, food, clothing, medical care, educational costs.  You should keep track of those expenses.  Does your ex pay child support?  If your son lived with him for 7 months or he paid child support for a year, then he could be allowed to claim him as a dependent, assuming the divorce decree does not specify which parent gets to claim your son.\n\nMy advice is in the future when you are sending in your tax return attach a copy of the divorce decree, highlighting the area where it says you are the one allowed the deduction.  You will have to file by mail, but it could answer any questions the IRS has and won't delay the return as long as it would should they have to request the info from you.
637939
Assuming the plaintiff won (they don't always) then they can use the judgment to place liens on property and garnish wages. All of this is complex and you should consult a lawyer.
114847
No, you don't have to claim this as income, but you also cannot claim child care expenses as a deduction.  You have already gotten this money tax free so you can't deduct it again.
793130
you cant claim the baby legally unless youre married- if she hasnt worked then there is no reason for her to claim him/her- BUT when she lets you use baby as dependent, then you will be claiming that the child lived with you, and so did she and that will show up on her application and YOUR income is considered.\nshe can let you claim , and still get her financial aid...\nif you didnt work, you dont have a reason to file taxes
250901
No. Legally, you are responsible for him/her. Your only real course of actions would be to try and get relief of custody from the state.
1114759
MOST STATES HAVE LEGAL AIDE SERVICES THAT CAN HELP.IF THERES LIKELY TO BE A CUSTODY FIGHT I STRONGLY SUGGEST HAVING AN ATTORNEY. ALSO SECURE THE CHILDS RESIDENCE BEFORE HAND.....SUCH AS MAKE CERTAIN THE DADS RESIDENCE IS LISTED ON ALL PAPERWORK,SUCH AS SCHOOL OR DAYCARE RECORDS ETC...HE NEEDS TO BE ABLE TO PROVE THE CHILD HAS BEEN IN HIS CUSTODY. DIVORCE CAN BE VERY UGLY,ESPECIALLY WHERE KIDS ARE CONCERNED.I WOULD DEFINATELY SEEK ADVICE FROM THE LOCAL FAMILY COURT OR DISTRICT ATTORNEYS OFFICE BEFORE TIPPING MY HAND.
1025895
I have joint custody of my son also.  My Ex is primary and I'm secondary.  In the settlement, I get my son every weekend.  I should have also put in there that I get him during my vacations.  This would have made it so that he spend over 105 nights a year with me.  If I had done that, then child support would have been cut and I would also get to claim him in my taxes.  The funny thing is that my son does go with me on vacations but it isn't in the papers so I'd have to refile the child support and who knows what would happen then.  So I figure it's better just to leave it alone.