The rules addressing this are not related to support.
IRS Deduction
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
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.
Time spent in Day Care and/or School is deducted from the total.
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.
You should visit the court and ask to speak with Child Support Enforcement. You can file a claim in the estate.
You can not both claim her. If he stops claiming her then you can.
no
If you support this child then you should be able to however you should seek legal advice that is relevant to your local area.
Keep the claim active with child support enforcement
In most states yes. However, the child will not claim it, rather the custodial parent.
You can only claim a child on your taxes if you provide at least 50% of the FINANCIAL support (through mortgage, food, clothing, education, etc.) for the child. If you provided at least 50% of the support for the child, then you can claim the child for the tax year in which you provided the support.
Because the state provides most of the support for an incarcerated child, a taxpayer may not claim a child if the taxpayer provides less than one half of the child's support.
Contact Child Support Enforcement every 24 months.
The length of time for someone to claim child support can vary depending on the jurisdiction. Generally, the custodial parent can claim child support until the child reaches the age of majority, which is typically 18 years old. Some jurisdictions may allow for an extension of child support if the child is pursuing higher education.
The person who provided physical custody of the child for more than 50% of the year can claim the child as a dependent, regardless of whether or not back child support is owed.