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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Child Support Calculation and Claiming a Dependent

    My question involves child support and claiming a dependent for taxes in the State of: Colorado

    Situation: The custody agreement between my ex-girlfriend and I says that she claims our son in odd years an I claim him in even years, unless one of us does not benefit from the dependency claim. She does not have a job and has no income. However, she is getting married in September. So now she will be filing married joint with her new husband who does have a job.

    Question: Since the new husband has income, do they get to claim my son as a dependent or do I get the dependency?

    As his income is not factored in the child support calculation, it seems like a double standard to allow them to get an exemption for my son now that she is married. My view is that this is a benefit for the new husband and not my ex-girlfriend as his income is being reduced since her income is $0.

    Next Question: Can his income be included in the child support calculation?

    Also please include your source or reference to said source. Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Child Support Calculation and Claiming a Dependent

    His income will not be included in YOUR child support calculations, but SHE will benefit from the exemption.

    And, since this I am a volunteer, totally off the clock, and not writing a scholarly paper. I absodanglutely refuse to provide references.

    You're welcome.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Child Support Calculation and Claiming a Dependent

    Quote Quoting Jeffac
    View Post
    My question involves child support and claiming a dependent for taxes in the State of: Colorado

    Situation: The custody agreement between my ex-girlfriend and I says that she claims our son in odd years an I claim him in even years, unless one of us does not benefit from the dependency claim. She does not have a job and has no income. However, she is getting married in September. So now she will be filing married joint with her new husband who does have a job.

    Question: Since the new husband has income, do they get to claim my son as a dependent or do I get the dependency?

    As his income is not factored in the child support calculation, it seems like a double standard to allow them to get an exemption for my son now that she is married. My view is that this is a benefit for the new husband and not my ex-girlfriend as his income is being reduced since her income is $0.

    Next Question: Can his income be included in the child support calculation?

    Also please include your source or reference to said source. Thanks.
    Certainly she will be able to take the exemption on the joint tax return that she files with her husband. SHE will be benefitting from the dependency claim...and no, his income cannot be included in the child support calculation. Your opinion that it benefits only her new husband is inaccurate.

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