No
Not on taxes no. The parent the child lives with has the main right to claim the child. But if that parent can't or doesn't want to then the other parent can
If you are filing as married and the child's other parent does not claim them, or is disallowed from claiming them.
Yes, a parent can still claim a child who is in prison as a dependent if the other IRS dependency requirements are met. The child must have received more than half of their support from the parent and meet other criteria.
i think you can
No, but parents do it anyway, as well as claim abduction.
Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.
The parent that has the child 51% of the time gets the claim. You can merely report it to the IRS if this is not the case.
If he has no taxable expenses in the child then he cant claim on tax.
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
If the court has given costudy of the child to you and the child lives with you and you are the provider, but the other parent claims the child on his/hers taxes, this is illigal. Not only you can sue, but you need to report this person to the IRS and let them deal with him.
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.
== == When parents are divorced, the use of the children's exemptions is generally determined by the decree. It has nothing to do with who pays for what. The parent with whom the children reside for over 50% of the year may claim Head of Household status. At no time may both parents claim the same children in the same year on separate income tax returns. http://www.irs.gov/pub/irs-pdf/p501.pdf