Tax experts? - AR15.COM

Posted: 1/22/2008 5:22:10 AM EDT

Is there a law that says who can claim a child? As in me and me ex are split and I let her claim my son every year, anything stopping me from filling first and claiming him?

Posted: 1/22/2008 9:09:12 AM EDT

[#1]

bump

Posted: 1/22/2008 9:10:53 AM EDT

[#2]

Quoted:
Is there a law that says who can claim a child? As in me and me ex are split and I let her claim my son every year, anything stopping me from filling first and claiming him?

LOL

I think my mom and dad had a nasty fight over this one year. One was going to claim me, the other filed first.

edit: but I'm no tax expert.

Posted: 1/22/2008 9:12:07 AM EDT

[#3]

If your split as in divorced, there may or may not be a provision for who gets to claim the munchkin somewhere in the papers.

If your just split up (never married) or there is no provision, it should be the person that was the primary provider for the year (51% of all support, food, medical, housing, etc)

It would be very wise in this case to consult a local CPA.

Posted: 1/22/2008 9:12:30 AM EDT

[#4]

God forbid you talk to each other like adults and try to work out some kind of solution.

Posted: 1/22/2008 9:14:44 AM EDT

[#5]

Here is a quick and dirty explanation from the IRS website (www.irs.gov):

2.3 Filing Requirements/Status/Dependents/Exemptions: Dependents & Exemptions

How do you claim a child if you agree with your ex-spouse to claim him 6 months and he claims him the other 6 months of the year?

The dependency exemption can not be split. Generally, the child is treated as the qualifying child or qualifying relative of the custodial parent. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the child may be treated as the qualifying child or qualifying relative of the noncustodial parent if certain conditions are met.

The custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.

Refer to Publication 501, Exemptions, Standard Deduction, and Filing Information or Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.

As the blurb says, the exemption for the child of divorced parents is generally claimed by the custodial parent. You might want to take a look at IRS Publication 504. It has great info for you. You can access by going to www.irs.gov and searching for "504".

Good luck mate.

Posted: 1/22/2008 9:30:08 AM EDT

[#6]

BUmmer, guess I wont be.

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