[worstsummerever]

My ex and I have been apart for 5 years. I am just now filing for child support. We used to do it by mutual agreement. He counter filed by asking for the right to claim the kids on his taxes. Has anyone had this issue arise before and what was the outcome? No one I know has had this come up so I am clueless as to what the judge is going to determine and I would like some insight.

[jessickah12712]

I feel that who ever the child is living with should file for taxes. Y should he file for the kid if u are the one putting in all the work?

[jessickah12712]

Also if you feel that your ex is a good guy then you guys can take turns filing for the kid if he agrees to give you some of what he is getting back I guess

[worstsummerever]

Yeah I know that's how it normally is, but he specifically filed asking the judge for the right to claim them. I feel the same as you that I should claim them, even if he is paying support, because they are my only dependants. Where as he lives in a household with 3 other children, one of them being his. I just wanted to see if anyone has dealt with this particularly in court. I want to see what judges have said about this to other people in similar situations.

[JudyKayTee]

Exemptions for tax purposes are based (granted) on who provides the majority of support OR by agreement. In my area sometimes parents have a written agreement that they rotate years; I've seen one parent take the credit for one child and the other parent, the other; IRS also has stringent rules which I am not going to bother to post unless you want to read them.

Who provides the MAJORITY of the support? Legally (and according to IRS) that's the person who gets the exemption.

And, yes, I work in the legal field.

The exemption has nothing to do with how much work anyone does, by the way. It's based on the finances.

[worstsummerever]

I understand what you are saying. So by this does that mean that since his income is higher that he will be granted the right to claim the kids? I am really just asking to see if anyone has a clue as to what the judge will decide in this case. If I provide all of their support and he is ordered to pay child support to me, how does the judge decide who provides more support?

[JudyKayTee]

No, it means what I said - who provides the MAJORITY of the support? That includes housing costs, groceries, medical, school supplies, all of that. No one has a clue what the Judge will decide. This is not cut and dried. It varies somewhat by State. There are no set in stone decisions.

Here is an explanation of IRS law: Who Can Claim The Children As Dependents For Tax Purposes? - Divorce & Family Law Center

This is a question and answer board, not a chat board, so opinions and experiences matter little - in this case it's how the law is written and interpreted.

[mandiefrog81]

Well I see a lot of the basic stories but I want to know who can claim the child if dad is paying child support as ordered not behind and also keeping the child half the time and dad pays medical. Dad also buys his child clothes shoes and other school supplies. But his ex goes back saying he don't see him child much at all. This is what my boyfriend is going through and I know what money and time is spent because I live with my boyfriend. I know this is going to be a fight at the end of the year so I'm doing all research I can. They do not have any divorce decree. They do not have any written agreements or custody papers. Only child support through social services.