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Does he have them 51% of the time? Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. It can be found at http://www.irs.gov/pub/irs-pdf/f8332.pdf

The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent.

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Q: Dad claims other children he does not have in child support calculation?
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If the mother of your child filed child support in one state and then moved the child does she have to refile in the state where the child resides?

No, but they frequently do to create multiple claims.


How much do you have to pay in child support in ny for two separate children?

In general, child support is a percentage of net income. When calculating support for younger children, support actually ordered and paid for older children is subtracted from net income.


If the custodial parent two children give one of the children back to the father does the father still have to pay child support for the one child that stayed with the mother or are they even?

No, the father has to pay child support for both children. Of course the child that decides to live with him will be treated as he/she were when you were both married, but the child you have will still continue to receive child support by law!


What if you pay child support in Texas already to your ex wife and now have to pay child support to someone else for another child what percentage of your income will you have to pay for the new child?

In general, child support is a percentage of net income. When calculating support for younger children, support actually ordered and paid for older children is subtracted from net income.


Does the percentage of child support change if the kids are by different women?

In general, child support is a percentage of net income. When calculating support for younger children, support actually ordered and paid for older children is subtracted from net income.

Related questions

Can a second job's income be included in child support calculation. What if it is seasonal work 3 - 4 months a year?

Can a second job's income be included in child support calculation.


Who has to prove that child support is paid?

The person that claims to have paid the support.


How would child support be figured for 2 children who live with their mother full-time and 1 child who lives with the mother part-time?

That would be dependent on the specific state. In California it would be considered a deductible item in the calculation. See link But, all child support is rebuttable


Can you sue over false child support claims?

Yes.


If the noncustodail father is married but separated with a previous child how will that effect child support?

In most states it will not be included in the calculation


Can pension be added in the calculation for child support in Illinois?

Absolutely. For calculating child support, virtually all income is counted except for public assistance/SSI.


What if father is disabled veteran how to calculate child support?

In general, child support is a percentage of the obligor's net income. Only SSI and public assistance are exempt from this calculation.


How do you stay a ny family court order of support?

The man who has been named as the father and ordered to pay support would need to file a countersuit claiming he is not the biological father of the child/children. Documentation would be required to prove such a claim and/or proof of claims of any other reason he is not obligated to pay support for the child/children named in the court order.


Child support is based off of what?

Child support is based of how much the main guardian spends on the child/children.


Can you get child tax with no income but child support?

No, children are not taxed.


Can you collect back child support if your children are now adults?

Yes, if a parent owes back child support, they will have to pay it until it is zeroed out even when the children are grown. The age of the child does not affect back child support at all.


Can you sue someone for child support in California in small claims court?

No, because the court that issued the child support order has jurisdiction. Also, small claims court doesn't have jurisdiction over domestic and family matters of law.