I have Sole custady of my 2 1/2 year old. My ex-boyfriend wants to rotate claiming her as an dependant. I am wondering what the law states. Is he entitled? He pays $100 a week child support. He also pays for her health insurance. Anyone with info, please let me know.
I told him no. That I will continue claiming her since I have sole custady and she lives with me. He did not argue. I told him maybe in the future, When he was paying more, we could rediscuss. But for now. I will be doing so. Thank you for you help!
It sounds like a call to an attorney (and paying the fees) may be worth understanding IL law regarding this situation.
Good luck.
How much or whether he pays for child support or health insurance does not matter in this situation.
Usually, in the stipulation, it will state who can claim a child as a dependent in which tax years. However, if there is no stipulation or if he was simply adjudicated the father, you have the right to claim your daughter as a dependent every year. If this question is pertaining to the EIC credit, there are a couple of "extra" rules to know: He can claim her as a dependent and get the personal deduction, and you can still claim her for the EIC credit. Your daughter has to live with you the entire year to qualify for the EIC credit - however, if she went to stay with her dad for a month, she would still be considered living with you for 12 months as you have sole custody. If for some reason, she lived with you equally each for 6 months during a tax year, the person with the higher AGI get to claim her.
My guess, there is no stipulation that requires you to let him claim her as a dependent. I wouldn't let him either - that is just going to lead to trouble later. If he wants to insist, tell him to get a lawyer and get a proper stipulation drawn up at his expense. If you have any other questions, consult a tax professional or an attorney.
He is entitled, as he is the father BUT usually it says in the divorce papers/parenting plan. If it doesn't say anything about it, you might want to rotate with him, it is only fair since he is paying CS and covering Health insurance...but if it says you can claim him then dad will have to hire an attorney to make it so he can claim him every other year. Sometimes we forget that just because dad only sees kid on the weekend and might not pay that much CS, dad also has to provide a home/food/clothes/bed, etc at his house too, when its his time with the kid(s). All that takes money and should be considered.
Only the parent with primary custody of the child can claim her as a dependent on the taxes.
Like the previous poster said - if it doesn't say to rotate in the custody/child support papers then you are legally able to claim her. He would have to hire an attorney and try to get the agreement modified.
The IRS goes by who the child lives with (who did the child spend the most nights with during the year). Check out the IRS website www.irs.gov or call the IRS. Just because he pays child support and health insurance does not give him any rights to claim your child as a dependent.
You know, you have got some interesting advice here but that's all it is...advice. Only a professional person who does taxes is going to be able to tell you exactly what the laws in your state are.
I think the fair thing would be that since you have custody, you have full rights to claim her. He would have the right to claim child support and other things that you can't. It may not be legal to do that though, so you really do have to ask someone who files taxes for people as a living.
ive been through this with my daughters its all up too u you have the power
and you have all the rights too claim her for life i have 2 grown daughters and hes gettin off really cheep with child support or u can be really nice and split it but u have the power since living with u full time and til 21 yrs claim your daughter i did with my 2 daughters
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well it depends on how the seperation agreement reads. if not stipulated, then the previous post is correct. Unless anything else has been agreed to and ratified by the courts she is all yours.
Support and custody rules vary by state.
So maybe.
In the meantime, be glad that your ex pays regularly. =)
Do you mean "claiming her as a 'dependant"? Ask your attorney!
there is no law regarding claiming a dependent in this situation.
It can only be court order if your boyfriend takes it to court.
Do not ever agree rotating. Child support should be at least 20% of his net income. You can take him back to court to get more child support
