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tee866 · Nov 5, 2006, 12:55 PM

How do we file a motion for court in Ky. To let my husband claim his children for income taxes since we pay 80% of their upkeep in child support?

Fr_Chuck · Nov 5, 2006, 05:45 PM

I would ask, and not being mean you do you figure that you are paying 80 percent of their upkeep ?

Normally it is the custodial parent, the one who has the physcial custody of the child that gets to claim them.

tee866 · Nov 5, 2006, 06:41 PM

We know because in the state of Ky they show you the percentage of their upkeep that you pay in support,also it is federal law that if the non-custodial parent pays more than 50% of their upkeep they do have the right to claim them for tax's. You should also know that the ex-wife has never let him claim them but has let her mother claim them in the past 2 yrs.

ScottGem · Nov 5, 2006, 08:11 PM

This is not an issue for family court, but an IRS issue. You do not need permission to claim a child as a dependent. All you need is the fact of providing 50% of their support.

That being said I don't know how KY can make such a statement. Unless the custodial parent files an exact accounting of what is being spent, I can't see how they can. Thye would need to know exactly how much is spent on food, clothing, housing, medical and more.

My suggestions is to ask the IRS what proof is necessary for you to claim the child.

excon · Nov 6, 2006, 04:57 AM

Hello tee:

All you have to do is take the exemption. If the IRS doesn't like it, they'll audit you. If you have contributed more than 50%, you'll win the audit.

excon

tee866 · Nov 6, 2006, 07:53 AM

The last time we went if front of the judge for child support he said to write a motion and he would grant my husband the right to claim them on his taxes because it was never written up in the divorce agreement who would claim them for taxes but I thank you for your help

ScottGem · Nov 6, 2006, 08:16 AM

You post a question here asking for help. Yet when you get that help, you refuse to accept it. You say the Divorce agreement doesn't specifiy who will claim the child. The judge CAN, modify the divorce agreement, but it not necessary.

It's the IRS that decides whether a dependent claim is valid. If its written into the divorce agreement all that does does it make it a violation for the other part to claim them. But, if the IRS determines that the claim doesn't meet the > 50% support test, then it won't matter what the divorce agreement states.