I am nearing the divorce homestretch.
He wants to alternate the exemption as long as he's current on child support.
*****IRS states child support has no bearing on IRS exemptions,
just like visitation has no impact on whether he's paying child support.*****
I don't want to lock myself into an agreement of alternating knowing he quits/and takes voluntary layoffs which both will directly impact the child support. It will be reduced accordingly, however, visitation is not affected.
I am asking to take the exemption, allowing him to claim when I'm not working, no conditions of splitting the difference.
The point of this is he wants the exemption no questions asked, nothing to do with fairness. He's asking for it through his attorney and I am preparing to give m position to my counsel and it will be firm. I wanted to hear from people who've experienced this scenario.
Child support is NOT income to the custodial parent, it is money to care for the child and that dollar amount fluctuates because of his industry and history of asking for layoffs during the winter and sometimes summer months.
Currently, the cost of daycare alone for 2 days now exceeds what he's paying for weekly child support due to "layoff". I pay for daycare and have no intentions depriving her of socialization and the developmental opportunities. I'm not asking him to pay for that and he refuses to help with uninsured medicals.
I would like to know from those with experience how you/your attorney handled the tax dependency exemption for you to claim, not share, etc.
PM if you would like to stay private.
Thanks for the responses. I have decided not to share the exemption because he is notorious for taking voluntary layoffs and with my luck that will always happen on my year of the exemption.
Currently he is layed off and dammmmmmm proud of it because the child support was reduced, however, he has been ordered to find a job. Basically he's on CS probation given his work history and income potential. Playing games always backfires on him.
I will stick to my guns. He can claim if I'm not working, no alternating.
Who ever has the child more than 26 weeks out of the year is the one that clamis them as a dependent is the way I always thought it worked.
To claim a dependent, you must provide MORE THAN HALF of that person's support for a year.
You could pay your parents' mortgage, utilities, etc and them live in a different place - but if what you pay provides more than half their support, you could claim them on your taxes.
I'd bet the rent that whatever child support he is set to pay will not be more than half what it takes to support this child. Always wonder how people think you can support a child on $25/week!
If you have 50/50 and 2 kids its the easiest ..(like us) each parent just takes 1 kid. If not, I have heard every other year is fair?
nonono. do not let him claim your child. it clearly states on the form, did the child live with you more than 6 months of the year, did you provide over 60% of the childs needs? If child doesnt live with him and he is only paying a court ordered 20% than the answer to both those questions is no and is TAX FRAUD!
My agreement is to take the 'lower' amount of support in order to claim the child every year. We also have 50/50 physical and joint custody. I end up paying more since I pay for her school. That being said...
The Dissomaster software calculates two numbers for support, one is the higher 'no exemption' amount and the other is the lower 'exemption' amount. I'm taking the lower amount in order to get the tax exemption. He was happy to sign off on the lower support amount, not sure if he got that I also get the tax write-off every year. That is what we have agreed to at this point.
I am also in California. Hope that helps you out.
Nope. To claim a child they must live with you more than 50% of the year him paying child support has nothing to do with it. I have found that the money I get for child support doesn't even cover a fraction of what it costs to raise my son. He pays no extras, he doesn't contribute to medical bills, dental bills, extras, etc he even has a cow if he has to pick up script on his weekend and I don't pay for it.
Actually the person paying the most towards the child's costs gets the exemption. If he pays the majority of the costs the IRS requires him to file a waiver allowing you to take the exemption on the years he doesn't. It is the majority of the child's cost not your household cost some women, well and men, get that confused.
Standard procedure is if one spouse pays nearly all costs for the child they get the exemption every year. If it is close they are split in half. Not knowing your financial situation it seems what he is proposing is more than fair. Most of the time you don't see the when current on child support in there.
In my case we have four kids, I got the oldest and the youngest he got the middle two.
Grandma the IRS, as usual, judges using money not custody. A woman could have full physical custody but not pay one penny towards the child's expenses, she does not get the exemption.
Following the IRS guidlines for exemption status would be best. If your soon to be ex behaves himself you two can revisit that issue and make a separate agreement at a later point in time. Talk to your attorney about your concerns.
Call a year round H&R Block office and they will advise you even if you are not a client. Go online to their website and find the year round office closes to you that way if you feel you would perfer to go in and do a face to face to get all your questions asked you can. It is FREE even if you are not a client.
