Discussion:Dependency joint custody
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| By the way Wes, I shot my first sub par nine last week - one under.}} | By the way Wes, I shot my first sub par nine last week - one under.}} | ||
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| + | {{ForumReplyPost|UserID=Skhyatt|Date=11 January 2008|Text=Neither has remarried. TP says that they actually do split custody with ex-husband getting both kids every other week. I doubt seriously that either could "prove" that they have the kids in their homes over half the year. If that is the case and they can't prove it, doesn't that eliminate the kids as qualifying children? Maybe a dumb question, but does that possibly open the door for qualifying relative?}} | ||
Revision as of 15:24, 11 January 2008
Discussion Forum Index --> Tax Questions --> Dependency joint custody
| 11 January 2008 | |
| TP Wife and ex husband have two kids. Joint custody. Court papers say that each parent will take one child each as a dependent. Question I have is, do the parents have to prove child lived with them over half 2007? What if they can't prove it? Does the tie-breaker rule kick in and parent with higher AGI get the deduction, regardless of what the court papers say? | |
Death&Taxes (talk|edits) said: | 11 January 2008 |
| Have either remarried? If not, you also have a HOH potential conflict. Decrees mean nothing today; see http://www.ustaxcourt.gov/InOpHistoric/Har9ris.TCM.WPD.pdf. I could suggest each fill in and give the other Form 8332 for the dependent to be claimed, but be careful filling it out regarding HOH status.
At some point, law schools should be teaching divorce taxation and its elements to the prospective attorney. Were I advising someone in such a situation where the non-custodial parent was to receive the dependency, or it to be alternated, I would insert language requiring signing of Form 8332 into the agreement. | |
| 11 January 2008 | |
| Hi I think you are over thinking this . Look at the regular rules for divorced parents. Normally the custodial parent gets the deduction, period. If the custodial parent allows the noncustodial parent to take it done, period. As long as the child is in the custody of one or both for more than 1/2 of year is one requirement. Noncustodial parent doesnt have to have the child more than 1/2 half to get the deduction under these requirements. So what are your facts and issue? bye | |
Death&Taxes (talk|edits) said: | 11 January 2008 |
| Maybe I am too paranoid, but I think someone is worried that the other party will claim the dependent.
I spent twenty minutes on the phone with my sister-in-law two days ago explaing why when filing her adult son's return, she could not claim his child without getting Form 8332 from his ex who had custody, though the decree awards the child to him this year. He was incarcerated for seven months and in a half-way house the rest of the year. His Mom, who had legal POA, was using his 401K monies to pay his child support and thus there will be tax. By the way, he is a 36 year old accountant. | |
| 11 January 2008 | |
| Hi D&T your comment about the decree means nothing and the case doesnt apply here where we have the decree allowing both to claim a child. The decree can be attached to the tax return. The tie breaking rules dont apply if each claims one. bye | |
| 11 January 2008 | |
| From Prop. Reg. 149856-03
"Sections 151 and 152, not state law, determine whether a divorced or separated parent may claim an exemption for a child for Federal income tax purposes. A state court order or decree does not operate to allocate the federal exemption between parents." DT - Do you think WesR just hit a banana ball? By the way Wes, I shot my first sub par nine last week - one under. | |
| 11 January 2008 | |
| Neither has remarried. TP says that they actually do split custody with ex-husband getting both kids every other week. I doubt seriously that either could "prove" that they have the kids in their homes over half the year. If that is the case and they can't prove it, doesn't that eliminate the kids as qualifying children? Maybe a dumb question, but does that possibly open the door for qualifying relative? | |
