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  1. #1
    Join Date
    Mar 2006
    Location
    New York
    Posts
    3

    Default Ex-wife remarried and her husband is claiming our child as a dependent

    I am hoping that someone can help me out here.
    my ex has remarried and I just found out that her husband has claimed my child as a dependant. because she has now stopped working and they would get more money back. they also have a child together.
    my problem is that I am the only one that supports my child and am paying over 1000.00 a month in support.
    I was going to take her back to court to claim my child every other year, but have been being nice and she threatens me with how much I will see my son if I try to lessen any support or take money away from her. which as it is now I can have my son just about anytime I want and even when I am out of town she will let my son come spend the weekend with my fiance and her son. Over his last midwinter recess he was with us for the whole time .
    so it is a catch 22

    My question is who would have the legal right to claim my son?.

    And having this man claim he supports my child is really killing me because he in no way has any expense's from my child.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    If the child is his dependent under IRS rules, and there is nothing in the divorce judgment giving you any claim to a deduction, he can claim the deduction.

  3. #3
    Join Date
    Mar 2006
    Location
    New York
    Posts
    3

    Default

    See that is what I have been looking for.
    They got married this past Nov. and I had let my ex wife claim him for the last 3 years but was going to put in to the courts every other year we switch who claims our son, how ever since she has decided tha she can no longer work . so I called her the other day and said that I would like to claim our son on my taxes and I got told that her new husband supports my son... ( which then I was furious) because what I pay for my child is almost what he makes in a month so my child is not costing him a dime. in fact my child pays most of the bills for the house out of his support money.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    The IRS provides some guidance on its website:
    Quote Quoting Child Dependency Deduction
    The dependency exemption can not be split. Generally, the custodial parent is treated as the parent who provided more than half of the child's support. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if certain conditions are met.

    The custodial parent signs a [url-htp://www.irs.gov/pub/irs-pdf/f8332.pdf]Form 8332[/url] (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.

    Refer to Publication 501, Exemption, Standard Deduction, and Filing Information or Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.
    An overview of when somebody qualifies as your dependent for purposes of taking a deduction is available as IRS Topic 354.
    Quote Quoting Claiming a dependency exemption for a qualifying relative
    To claim a dependency exemption for a qualifying relative, the following dependency tests must be met:
    • 1. The member of household or relationship test,
      2. The citizen or resident test,
      3. The joint return test,
      4. The gross income test, and
      5. The support test.
    An overview of each test is provided on that page, and additional detail is available in the IRS publications linked above (and through that page).

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