If you pay child support can you claim the child on your taxes?
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Ok so I had custody of our son his how life and now the father thinks that because he pays child support he should claim his child on his taxes to get a refund. Can he claim him as a dependent just on the grounds that he paid child support when he was in my care till August 2009.
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Answer:
Child of divorced, separated or unmarried parents: Only the custodial parent can claim the child. It does not count who is paying child support. The custodial parent is the parent with whom the child lived for the longer period of time based on the nights spent. The other parent is the non-custodial parent. Non-custodial parent can claim the child only if the custodial parent signs a release Form 8332 or there is a court order meeting the IRS requirement. With form 8332, the noncustodial parent gets exemption deduction and child tax credit, but not the head of household status. Even after signing Form 8332, the custodial parent is head of household and get EIC and any child care credit.
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Other answers
This is a major legal issue and I would take it to a judge. Legally the mother is entitled to claim the child but it's usually based on who has the child more than 50% of the time. Now some people can come to an understanding and split it 50/50 but most people don't. I would get a judge to rule on the issue. But just to let you know it usually comes down to who has the child the majority of the time.
No. Child support does not entitle anyone to the exemption.
in the case of divorced or separated parents, the parent the child spends the majority 'nites' with is the parent to claim the exemption, that would relate to 184 nites was the child born during 2009? as an infant the child would more than likely be claimed by the mother unless there were circumstances the mother could not care for the infant from birth paying child support does not give the parent the exemption, the 184 nites does and if you do not sign a form #8332 waiving your claim, he best not try since he needs that to file with his return
if the child lived with you for the most of 2009,then you actually have the right to claim the child. it's usually whom the child is supported by more which is the custodial parent in most cases.
No Child support doesn't entitle to a claim for dependency & it is actually considered the child's money. In tie breaker rules that the IRS uses The custodial parent wins first.
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