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sqiurly86
New Member

Can i claim my child on taxes even though the court ordered for the non-custodial parent(father) to claim him every year? i have my son 86% of the year

i am the custodial parent, the mother. my sons dad is the non-custodial. he only has our son 14% (52 days) out of the year. i have him 86% of the year. the court ordered that he gets to claim our son every year. can the IRS override the court papers and let me claim him since i have him most of the year? if i claim him will i get in trouble?

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1 Best answer

Accepted Solutions
Phillip1
New Member

Can i claim my child on taxes even though the court ordered for the non-custodial parent(father) to claim him every year? i have my son 86% of the year

If the court ordered that he can claim the exemption every year without any conditions, it would not be advisable to claim your child in violation of the court order. Although the IRS might allow it, there would be a strong possibility of getting in trouble with the court.

For the noncustodial parent to claim the exemption with the IRS, the following must apply:

  1. You must have signed and provided him with form 8332 or a similar statement that must be attached to his return. (It is possible that you signed this form or a qualifying statement during court proceedings)

  2. The statement must state both parents names and social security numbers, the child’s name and the years that the dependency exemption is released to the noncustodial parent.

Although the noncustodial parent has the right to claim your son every year, the IRS has reserved several tax benefits for the custodial parent regardless of who claims the dependency exemption. In the situation where the dependent is claimed by a noncustodial parent, the child related tax benefits are divided as follows:

  • The noncustodial parent has to attach a signed release from the custodial parent that releases the exemption (usually on IRS form 8332).

    • The noncustodial parent can claim the dependency exemption and the child tax credit every year that they are able to claim the dependent.

  • The custodial parent can claim the follow every year that the child resides with them the majority of the year.

    • Earned Income Credit

    • Child and Dependent Care Credit

    • Head of Household Filing status.

View solution in original post

4 Replies
Phillip1
New Member

Can i claim my child on taxes even though the court ordered for the non-custodial parent(father) to claim him every year? i have my son 86% of the year

If the court ordered that he can claim the exemption every year without any conditions, it would not be advisable to claim your child in violation of the court order. Although the IRS might allow it, there would be a strong possibility of getting in trouble with the court.

For the noncustodial parent to claim the exemption with the IRS, the following must apply:

  1. You must have signed and provided him with form 8332 or a similar statement that must be attached to his return. (It is possible that you signed this form or a qualifying statement during court proceedings)

  2. The statement must state both parents names and social security numbers, the child’s name and the years that the dependency exemption is released to the noncustodial parent.

Although the noncustodial parent has the right to claim your son every year, the IRS has reserved several tax benefits for the custodial parent regardless of who claims the dependency exemption. In the situation where the dependent is claimed by a noncustodial parent, the child related tax benefits are divided as follows:

  • The noncustodial parent has to attach a signed release from the custodial parent that releases the exemption (usually on IRS form 8332).

    • The noncustodial parent can claim the dependency exemption and the child tax credit every year that they are able to claim the dependent.

  • The custodial parent can claim the follow every year that the child resides with them the majority of the year.

    • Earned Income Credit

    • Child and Dependent Care Credit

    • Head of Household Filing status.

scared187
New Member

Can i claim my child on taxes even though the court ordered for the non-custodial parent(father) to claim him every year? i have my son 86% of the year

86% of the year.. LMAO!! HOW DID YOU COME UP WITH THAT NUMBER LMAO.. U MUST BE ONE OF THEM DEAD BEAT MOTHERS THAT HOLD THERE CHILD FROM THE FATHER AN SAY THE FATHER WANTS NOTHING TO DO WITH HIS CHILD... JUST ANOTHER WHORE,JUST ANOTHER DEAD BEAT MOTHER... I FEEL FOR YOUR POOR CHILD.. I CAN ONLY IMAGINE THE LIES AN HELL YOU HAVE PUT THAT POOR KID THROUGH.. JUST VERY SAD..
sqiurly86
New Member

Can i claim my child on taxes even though the court ordered for the non-custodial parent(father) to claim him every year? i have my son 86% of the year

WOW! your a real piece of shit. i am a full time mother who also works full time who gets no state assistance and busts my ass to take care of my kids!! And i do not hold my child from his father! his father is the one who wants to let me claim him and doesnt want me to get in trouble for doing so, this was his original question! so you can fuck right off
sqiurly86
New Member

Can i claim my child on taxes even though the court ordered for the non-custodial parent(father) to claim him every year? i have my son 86% of the year

WOW! your a real piece of shit. i am a full time mother who also works full time who gets no state assistance and busts my ass to take care of my kids!! And i do not hold my child from his father! his father is the one who wants to let me claim him and doesnt want me to get in trouble for doing so, this was his original question! so you can fuck right off

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