Who gets to claim taxes for your child?

Question

My cousin is all stressed out about court. her and the childs father are not together and their daughter lives with her. I even think he makes more money than her also. Who will be able to claim taxes? what does the judge usually decide?

Answer 1

Normally that will be decided at court.  Ie they say to the father you need to pay 2000 a month.  If the father pays that money then normally he can claim the exemption.  Many times if the father doesnt pay what he is required he cant.  Thats something negotiated in divorce or pertunity suits.  If there is no agreement from the court, I would say the primary care giver.  Could be her, or her grandparents.  It could be either.  Without any written agreement, whoever has the child more should easily win this argument.

Answer 2

The parent who has custody for 50% or more of the year is able to claim the child as a dependent, regardless of how much they make or actually provide in support for the child.  This is if there is nothing in the divorce agreement giving the exemption to the other parent, and the one having custody does not sign over the right to claim the exemption.  Based on what you have said, your cousin will be able to claim a dependency exemption for her daughter.  Also, a judge would base their decision on the particulars of each individual case.

Hope this helps!!

Answer 3

The parent that has the child living with them is the one who can claim the child for unearned income tax credits. Now the dad could still claim the child as a dependant, but that will only get him a few tax deductions.

Answer 4

I believe it depends on the state you live in. However California is usually the toughest, and here the person who claims the child is the one who provided 50% or more care to them during the year.

Answer 5

the judge told my sister that because her the childs father made more money that he should file, but then they would have to split the return in half.

Answer 6

Unless there is a court order saying otherwise, or she signs the exemption over to the dad, it goes to the parent the child lives with.  The state doesn't matter - that's federal, IRS rules.

A judge can decide either way.

Answer 7

It's usually the custodial parent who gets to claim the exemption, unless it's stated otherwise in the divorce agreement.