Ask a Lawyer on SingleDad: Who Claims the Child on Tax Returns?

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Get Expert Family Law Advice on SingleDad. Jeffrey Leving is the nation’s leading Fathers Rights Attorney and offers FREE Family Law advice for Men on SingleDad.com. This month, learn who claims the child on the tax return. Child Support, Dead Beat Mom, and Tax Filing.

Ask a Lawyer on SingleDad: Who Claims the Child on Tax Returns?

Get Expert Family Law Advice on SingleDad. Jeffrey Leving is
the nation’s leading Fathers Rights Attorney and offers FREE Family Law advice
for Men on SingleDad.com. This month, learn who claims the child on the tax
return if the father is the only source of income. Child Support, Dead Beat
Mom
, and Tax Filing.

Who Claims the Child
on Tax Returns?

Question or Comment: My daughter’s mother has not worked
since she was 5 months pregnant. My daughter is now 18 months old. She has told
me multiple times about jobs she’s been offered that she has turned down. Now
because she doesn’t work the child support is set up as her making minimum wage
at 40 hours a week and me making 45000/yr.

I pay roughly $650 a month in child support, with her
portion supposed to be roughly $200. That’s a 76/24% split. I believe that the
reason she does not have to work is due to family money. She is using cash, which keeps her from
reporting it. In the last year she has had Lasik surgery and paid cash for one
semester of school.

During our meetings for child support; she somehow had the
means to afford a lawyer, while I could not. So of the $808/week I make, I only
take home $400 because of child support and insurance (which I am responsible
for). This leads me to my question with her having no income except for my
child support:

Can my ex really claim my daughter on her taxes? Also, what
kind of steps could I take to help my situation? I feel she is taking advantage
of the situation and not working to keep my child support as high as she can
get it. Also would it be advantageous to pay a lawyer to have my child support agreement
looked at to see if there are any rights for me in regards to claiming my
daughter on my taxes and her filing taxes on the child support she receives
from me?

tax returns

Answer:

Tax rules concerning child support and tax dependency
exemptions can be complex, so it is important to obtain the advice of a highly
skilled child support attorney for
answers concerning your specific situation.

Generally, the sole custodial parent with whom the child
resides is entitled to claim a child on his or her taxes unless there is a
court order directing otherwise. This means your child’s mother may
likely be able to claim your daughter on her taxes. However, you may also
be able to claim your daughter on your taxes if you obtain a court order to do
so. In certain situations, if you are current on your child support payments,
judges will allow a non-custodial parent to claim a child for a tax dependency
exemption if the custodial parent is not working.

In 2012, the tax break for a parent claiming the exemption
totaled $3800 regardless of income, as long as the child was under 19. In order
to take advantage of this tax break, you should immediately seek the advice of
a highly qualified child support attorney. An experienced child custody
lawyer may be able to help you obtain a court order directing your daughter’s
mother to execute the proper forms – in this instance, IRS form
8332. The IRS is very particular about how this form is filled out,
and can (and often does) disallow the dependent exemption for the noncustodial
parent if this form isn’t signed and attached to the tax return properly.

This can be true even if the divorce decree or separation
agreement allocates the exemption to the noncustodial parent. Further, if
the custodial parent refuses to sign form 8332, the noncustodial parent can
attach part of the divorce decree or separation agreement to the tax return to
prove entitlement to the exemption.

Because child support determination and tax considerations
can be very complex, it is critical you consult with an experienced child
support attorney such as Anthony D’Agostino at 312-807-3990 for child custody and
support advice. Please visit me at www.dadsrights.com for more information on child
support.

Got Family Law Questions? Ask a
Lawyer on SingleDad

Get FREE Expert Family Law Article Advice from our Ask a
Lawyer Family Law Expert, Jeffrey Leving on SingleDad. (Click here) and send us your questions about Father’s
Rights, Paternity, Child Custody, Child Support, Modification, Parent
Alienation, Alimony and Spousal Support and we will get you answers fast.

Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”

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Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”