Am I right to tell him no on claiming ?

[jenbengtson]

who claimed last year? then its the other persons turn

[KelseyH]

Tax law in North Carolina states that the whoever claims the child must support (i.e. live with) the child for greater than 50% of the year.

[kharvey92611]

Originally Posted by jenbengtson who claimed last year? then its the other persons turn

It was my exes turn but I claimed him since my ex was only home 3 weekends a month .

[kharvey92611]

Originally Posted by KelseyH Tax law in North Carolina states that the whoever claims the child must support (i.e. live with) the child for greater than 50% of the year.

NY is the same . My son has lived with DH and I and we've supported him. When my ex was discharged from the army in the middle of July
Then we started the trading off days

[MamaNae]

IMO if you made a verbal agreement to swap years you really need to honor that. You're going back on your word because it's not convenient for you..

[Mama*Kim]

From what I understand, the custodial parent gets to claim unless he/she signs a waiver for that year's taxes releasing interest in claiming the child. Usually, this is set up as an alternating thing (if at all) during custody arrangements. If this was not arranged during court and he hasn't had the child more than 183 days of the year, the claim is yours to take. I would, however, get an arrangement in writing.

ETA: I missed the part about the verbal agreement. In that case, I'd let him claim the exemption and put it in writing. He gets even numbered years, you get odd as long as child support is caught up, if not, he forfeits that year's claim. I think it's important to keep your word.

[Beaners_Mom]

Originally Posted by kharvey92611 It was my exes turn but I claimed him since my ex was only home 3 weekends a month .

So why even have the agreement if it's not being followed? I understand what you're saying and I agree that the person who supports the kid more should get to claim them unless there's an agreement. You agreed to it....so unless your ex okays it, you should stick to the agreement

[kharvey92611]

What worries me is DH aunt works for H&R block who does our taxes . I mentioned to her our plan ( how we swap years ) and she knows all that's going on .... Basically she told me its lying to the IRS if I say my ex had him for so long and if it came to it I could be charged with fraud . She won't do our taxes this year if that's the case so she isn't lying .

[kharvey92611]

Originally Posted by Beaners_Mom So why even have the agreement if it's not being followed? I understand what you're saying and I agree that the person who supports the kid more should get to claim them unless there's an agreement. You agreed to it....so unless your ex okays it, you should stick to the agreement

We made the agreement before he joined the military . I don't mind sticking to the agreement . I
Really don't like confrontation and my ex will be furious as he is planning on using the extra income from claiming our child to fly him and his
New gf along with his new baby due in January and our child to Florida .

[KaleidoscopeEyes]

i think it's ok to trade years if both parents have the child 50/50 but if one parent has the child way more then they get to claim that child. unless it's on the divorce degree i wouldnt honor any verbal agreement since he's barely had the child.