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jmadoche
Jun 8, 2004, 05:36 PM
I've had joint custody of my daughter for 7 yrs. I am wondering if I can claim her on my taxes every other year. I have called the child support agency here and just get the run around they could give me an answer. But it seemed to be OK with the mother. Thank for any help

Tankman
Aug 24, 2004, 09:05 PM
It may depend on what state you live in, you might want to talk to a tax consultant which I am not. With my second wife, we split everything straight down the middle. Because of my first wife and the years of not being able to claim my children because she had the greater physical custody number, I couldn't claim the kids. With my latest divorce, since it was totally equal custody wise 50/50, I made sure it was in the divorce/custody paperwork that I would be able to claim my child every other year. Unless she takes me back to court and gets it somehow changed because of a custody change (her having more physical custody for example) then I should be safe in claiming my child for that year. I believe even if she really has my child more time, until the judge changes the order, she has to let me claim the child. So, this is my year, I'm still waiting to go back to court before the year is over, only because I know she is money conscience in the severest ways. So far no court summons. Now, with my first marriage, I had my teenager living with me for a year and a half and during that second year she petitioned to get him back with 70/30 custody, and because we went to mediation, I finally agreed to let him go with her and she had the majority of physical custody , although my son lived with me until the month of Augest of the second year, she requested that the judge grant her the right to claim him for herself. In order to save some money on child support, I let the judge write in the orders that she can claim him for that year. Well, in April of the next year when it was time to file my taxes, my tax lady told me that if he lived with me approx. 8mths during the year, then I can at least claim head of household which increased my refund about half of what I would have received for claiming him totally that year. Good luck, Dave