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    T Bradley's Avatar
    T Bradley Posts: 1, Reputation: 1
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    #1

    Jan 30, 2010, 12:01 PM
    Deduction of children, I am paying child support
    I pay child support for my kids and I have them all during the year paying for their daily care. However when tax time comes the mother claims them. She has not held a job for the entire tax year. Yet she continues to claim my kids.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jan 30, 2010, 12:10 PM

    Hi T Bradley, you are posting the wrong forum, I have requested that it be moved to the proper one so you will receive answers to your question.

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 30, 2010, 02:40 PM

    What do you mean that "you have them all during the year" are they living with you in your home, and merely goes to the mother a few times a month to visist?

    Also you said you pay child support, so that sounds like the mother has legal custody, so if the child is living with you, you need to go back to court and file for custody.

    In divorce the parent who has legal and phsycal custody ordered by the court is the one that claims that child,
    ( paying child support has nothing to do with ability to pay child support) some divorce agreements allow each parent to take the child every other year.

    Need more info
    1. where does the child sleep, and who does child live with.
    2. who has legal custody though court
    3. who has phsycial custody ordered though court
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Jan 30, 2010, 04:15 PM

    Fr_Chuck is correct. In almost all cases the custodial parent is the one who has the right to claim the children as dependent, unless there is a court order that says otherwise.

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