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Tax Question

mndblwn's picture

Submitted by mndblwn on Mon, 08/01/2011 - 10:57am

How does taxes work when joint custody is in place? BM is like the vacation home on weekends and half of summer. SS lives with me and DH for school. BM doesn't pay health insurance and RARELY pays her half of medical bills. If we pay in full she won't pay us. She does really provide clothing and only does majority of transporting for visits.

How shall we handle this? I feel we deduct ss each year because we do/provide more.

ADVICE

Comments

caregiver1127's picture

Submitted by caregiver1127 on Mon, 08/01/2011 - 11:00am

According to the IRS - whoever SS spends the most overnights with is who gets to claim him on their taxes - so that would be you and DH - does not matter who spends the most money it is the most overnights. So you and DH get to deduct him every year unless there is something in the divorce decree about it!!!

stepmama2one's picture

Submitted by stepmama2one on Mon, 08/01/2011 - 11:38am

Is there nothing in your court order as to who is the one that claims child every year? Or say anything about your husband being the custodial parent? I know a little about this seeings how I have been there before. But it kinda matters if these two questions are answered in the parenting plan....

doll faced sm's picture

Submitted by doll faced sm on Mon, 08/01/2011 - 11:48am

It wouldn't matter if it were in the CO or not unless the CO was entered before 1984 (maybe 1983). After that, the tax code changed. Whoever has physical custody of the child for more than 50% of the year gets to claim the child on their tax return.

stepmama2one's picture

Submitted by stepmama2one on Mon, 08/01/2011 - 11:55am

Well yes, that is kinda why I was asking OP if they had a court order that said anything for proof purposes in case mother claimed the child. Yes these days they have a way of "Whoever files first gets to claim the child" but there is also a way to bring mothers actions to light to the IRS. YES IRS might not do anything but in our court order if one parent files on a year that is not their year to file then we are allowed to go back to court and not only sue for the money that she got for the child but to have her pay the attorney fees we aqcuire during the suit. This is why I was asking the OP about the court order.