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MarisaLynn · Jan 13, 2011, 10:28 AM

I have been reading all the questions n answers, So I am very aware of Custodial n Non-Custodial rights.

My Husband as NEVER claimed his Daughter on taxes and she is 11. I've heard it's a law he should get to claim her every other year even without the 8332 form. He see's her more then her own mother, he is the Insurance provider, pays his child support, though I know that doesn't matter, I think he is more a Custodial parent then she is! Is this true?

If we were to just claim without notifying the Mother, would we get in trouble?

JudyKayTee · Jan 13, 2011, 10:36 AM

There is no such law. These matters are settled by agreement between the parties, Court Orders and IRS rules and regulations.

Whether he's more a custodial parent than she is doesn't matter - the custodial parent is the parent she lives with.

Go to the IRS site, find the regulations concerning who claims the child and decide whether you qualify. A ?Qualifying Child?

MarisaLynn · Jan 13, 2011, 11:25 AM

OK, SO, His Daughter has been raised by the Grandmother. The Mother is here and there as she pleases! What gives her any right to Claim her on taxes just because she is the Mother?

They Definitely NEED to update and change the Laws! Thanks!

JudyKayTee · Jan 13, 2011, 12:58 PM

No, it would appear that the Grandmother is entitled to the deduction - and that is just based on what you have said. That doesn't, of course, mean that you are entitled. That would appear to be between the grandmother and the mother.

If what your husband pays meets IRS criteria, file and claim the deduction. The IRS will do the follow up and make a decision.

You can also go back to Court and request a determination (between your husband and the mother) concerning this deduction (and that could include every other year).

And, yes, plenty of laws should be changed.

MarisaLynn · Jan 13, 2011, 01:15 PM

WOW! I'm so glad I am not a man/father. They basically have NO rights, unless take the Mother to court. I no for a fact the Mother has lived off his $ & his daughter hasn't seen a dime! I think proof of how the money is spent should be a required!

MarisaLynn · Jan 13, 2011, 01:17 PM

So maybe the Grandmother has claimed her but the "MOM" is a real "B" and probably makes her give it back! Ugh! I am just glad its not me, but in a sense it is because it effects how he takes care of the rest of us. THANKS!

JudyKayTee · Jan 13, 2011, 06:26 PM

Unfortunately this is a legal thread and not a relationship thread. I thought you knew for a fact that the mother claimed the child - ? It appears that all you know is that your husband does not take the exemption/deduction.

What the mother is or isn't doesn't really matter here. If the mother is dumping the child with the grandmother for extended periods, why doesn't your husband move for custody? His rights are certainly superior to the grandmother's rights.

Fr_Chuck · Jan 13, 2011, 06:58 PM

OK, first I am a moderator, so please stop using the comment feature to add more info, scroll down and use the answer box to add more info or to respond back.

Next as noted this is a legal board, not a chat area, not the relationship area, and not the dump on the ex wife area.

We can only answer based on the info we are given.

As noted before, the non custody parent has no right to claim the child every other year or every third year, unless it is written into the child support / custody agreement. Most agreements I know of have it mentioned,

But if it is not mentioned in the agreement, then the IRS laws on the matter will apply.

Assuming there is nothing in the agreement, he does not get to claim the child, so who does is not an issue to him. But the mother should be the one who gets to file and claim the child.

And sorry proof of how the money is spent is not required, normally it is assumeed to be use on food, housing, electric, water, household bills and more

ScottGem · Jan 13, 2011, 07:43 PM

Originally Posted by MarisaLynn

WOW! I'm so glad I am not a man/father. They basicly have NO rights, unless take the Mother to court.

Ok, lets be real here. That's one of the purposes of a court, to support people's rights. A father has plenty of rights. Your husband has rights to visit with his child and is getting those rights. So to say he has no rights is clearly just ranting.