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Can a non custodial parent claim 1 child in a 2 child household?
Wiki User
∙ 14y ago
Only if he has possession 51% of the time.
see links below
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∙ 14y ago
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Child Support ordered child tax credit to the non custodial father who has never written called or seen her in 8 years. Can he claim her on his taxes?
Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.
How can a custodial parent prevent a non custodial parent from claiming the child when there is no court order stating who can claim who?
If you can legitimately claim the child, do so. Let the IRS worry about whether the NCP is claiming the child.
Can you use your son as a tax deduction since you are paying child support?
You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.
Can a child out of wedlock claim child support?
In most states yes. However, the child will not claim it, rather the custodial parent.
Who can claim a qualifying child for the EIC after divorce is not specified in divorce agreement?
The child that the child actually lives with for most of the year can claim the EIC on the child. If the divorce agreement specifies that a non-custodial parent can claim the child on his or her taxes, it does not mean that he or she can claim the EIC on the child. EIC is not granted in court orders. To claim EIC, you must pass the age, relationship, and residency requirements. If the child does not actually live with the non-custodial parent for most of the year than the non-custodial parent may NOT claim the child.
Can i claim my son on my taxes and i pay child support but haven't seen my son all year?
In order to claim someone as an exemption the IRS says that you must provide more than half of that person's total support in a calendar year. A special rule was created by the IRS in order to resolve the question of dependency and who gets the exemption.The rule states that the parent who has custody for the greater part of the year is the custodial parent and that the parent will be treated as the person who has provided more than half of the child's support. In other words if your ex-spouse pays more toward the child's expenses than you do but you spend more time with the child and are responsible for the majority of child care you will get the child dependency exemption. You, the custodial parent who spends the most time with the child can claim the child as your dependent.The non-custodial parent can claim the exemption if both parents agree and the following criteria are met:A written agreement signed by the custodial parent stating that he/she will not claim the child as a dependent.A final decree of divorce that states the custodial parent will not claim the exemption for the tax year and the non-custodial parent attaches the appropriate documentation to his/her tax return.A final decree of divorce that provides for the non-custodial parent to claim the child as a dependent along with a statement that at least $600 was in fact given in support to the custodial parent.The non-custodial parent must fill out a form 8332 from the IRS. The custodial parent and non-custodial parent must both sign the form and then it should be attached to the non-custodial parent's tax return.
If arrearage is owed can custodial parent claim child if courts gave tax exemption to non custodial parent?
I'm not sure what state you are in, but in Utah a non custodial parent may NOT claim the child if they are not current on child support. You need to check your individual state. I'm thinking the custodial parent could claim the child if the non custodial parent isn't able to. I don't see why they would allow the exemption to go to waste. It's not like your taking it away from him, just using it because NCP can't.
As a non-custodial parent can you claim child care expenses and back child care expense?
On what?
Can a custodial parent claim a child if he is now a ward of the state?
Being a ward of the State in itself means there is no custodial parent, and certainly none that supports the child, which is needed to take the deduction.
Can the custodial parent claim both children and the earned income credit on their tax return if the non-custodial parent is behind on child support but usually you each claim one child?
The custodial Parent has the right to claim both children, but in your case if the NC parent is behind they will automatically take it from their tax refund anyway. But as with any agreement if it states the NC gets to claim one then you can only claim one. If there is not an agreement in that way, then the custodial has the right. The arrears owed to the C has no affect on the claiming rights of another.
Can you claim a child on your taxes if you do not have full custody?
Maybe, but the answer has nothing to do with paying child support. Generally, when child support is ordered, the agreement also states who has residential custody of the child, and often specifies who is to take the child's exemption on income tax returns. If the order specifies who is to get the exemption and when, it is to be followed. The non-custodial parent must attach a completed Form 8332 or certain pages from the decree in order to claim the exemption. If the order is silent on who gets the exemption, only the parent with whom the child lives may use the exemption. However, if the parent with residential custody agrees to do so, s/he may give a completed Form 8332 to the non-custodial parent in order for the latter to take the exemption. Under no circumstances may the parent with whom the child does notlive use the child for the purposes of Head of Household status, the Dependent Care Credit, or the Earned Income Credit. That parent may use the child's dependency exemption to reduce taxable income and to qualify for the Child Tax Credit.
How does the IRS know who is the custodial parent?
Not applicable. It goes by the total amount of time the child spends with each parent. If the custodial parent does not have the child at least 51% of the time, they cannot claim the child. This is why the non-custodial parent needs to keep close track of the time in cases where the other parent has custody merely to get child support and the tax deduction, but has no real desire to care for the child. see link
