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Old 10-15-2012, 06:37 AM   #1
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Am I right to tell him no on claiming ?

Okay so my ex came out of the army on July 17th. From then until the last week of August we were doing 3.5 days each with our son . Now we trade off weeks. My Ex wants to claim our son on income taxes this year but I do not think he will have had our son in his care for 6 months ( as NY stats law says ) would you tell him no ?

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Old 10-15-2012, 06:47 AM   #2
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Yep! If he wasn't living with him 51% or more of the year, he can't claim the kid.

My hubby's ex's PARENTS claimed my stepson a few years ago because the ex lived with them so my DSS was "living there" during her possession (even though it was less than 50% of the time). When we went to file for him, he system said his SSN was already being used, so we opened a criminal case against them via IRS. They had 30 days I think to re-file without the kid or face prosecution. We didn't intend to do anything about it other than confront them but the system basically did it for us and sent them an automated letter, etc.

I think your ex would get quite a bit of money extra (from the army as well) if he claims your son, but I would imagine neither you nor your son would get any of it, so I wouldn't let him claim him.

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Old 10-15-2012, 06:56 AM   #3
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Re: Am I right to tell him no on claiming ?

Does your custody agreement touch this subject? Mine does and it doesn't matter if he never had DD during the year, if he was current on CS he could claim her every other year (of course that has never happened ) So it doesn't necessarily depend on just who has had the child for the majority of the year.
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Old 10-15-2012, 07:13 AM   #4
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Re: Am I right to tell him no on claiming ?

My ex tries to claim our son every year. I always beat him to the punch. And I don't feel bad about it, especially because he hasn't even made a PHONE CALL in 2 years. And he's NEVER had him 6+ months out of the year - ever.

I would tell him no. If he hasn't had him 6 or more months out of the year, then him claiming him, would be fraud. And you are aware of this, so you might get in trouble, too.
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Old 10-15-2012, 07:23 AM   #5
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Re: Am I right to tell him no on claiming ?

As for claiming a dependent on your taxes, I dont think its necessarily a matter of the amount of time in custody. Its simply a matter of "Do you have the right to claim this child."

The part of taxes where the length of time a child is with a parent is the Earned Income Credit. You could always allow him to claim the child as a dependent and you could still claim him under the EIC.
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Old 10-15-2012, 07:26 AM   #6
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I don't think you have to have them for 6 mos of the year unless you claim them for EIC. We claim DSD every year (her mother hasn't worked in 15 years and isn't married so if we don't do it, no body will). We don't get the money though. It is supposed to go to DSD but 9 times out of 10 her mom blows it on herself. Last year it paid for a fun filled vacation for the ex only. Oh, we have permission & it is all on the up&up on our part.

OP, if it isn't in your divorce/custody paperwork, do whatever you feel is best. GL.

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Old 10-15-2012, 07:41 AM   #7
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Re: Am I right to tell him no on claiming ?

Quote:
Originally Posted by MotherMoonPads View Post
Does your custody agreement touch this subject? Mine does and it doesn't matter if he never had DD during the year, if he was current on CS he could claim her every other year (of course that has never happened ) So it doesn't necessarily depend on just who has had the child for the majority of the year.
This. But mines never been cuurent & she not meet when she is bigger here. Plus he said he would disown if sexuality was a certain way......there's lots more too......
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Old 10-15-2012, 08:00 AM   #8
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Re: Am I right to tell him no on claiming ?

I'd get it put in your custody agreement who gets to claim. My mom alternates with my youngest brother's dad...even though he only has my brother every other weekend and like 4 weeks out of the summer (no where near 6 months)...and he pays next to nothing in child support and next to nothing in anything else (school registration, supplies, clothes, dr copays etc)..That's the way the court ruled.
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Old 10-15-2012, 08:01 AM   #9
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Nope! It doesn't ! We did make a verbal agreement to trade years . But I don't see how it's fair to DH and I . My ex wanted to
Claim our son last year when he was only home
Some weekends !
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Old 10-15-2012, 08:28 AM   #10
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Quote:
Originally Posted by kharvey92611
Nope! It doesn't ! We did make a verbal agreement to trade years . But I don't see how it's fair to DH and I . My ex wanted to
Claim our son last year when he was only home
Some weekends !
If you made a verbal agreement, stick to it.
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