Tax Deduction

[UNIENT]

Ive been paying child suport for 12 years and have never claimed my son i pay 63% of the order across the board. Am i leagally intittled to claim him ? If so do i need permission from a judge or the custodial parent ?

 

[meent13744]

Yep you would need permission from the CP and if she is anything like my SD mother the answer will be NO... or HELL NO.

 

[Duranie]

What does the decree say? If it doesnt specify, then you need to petition the courts for you to be allowed to claim him. I highly doubt the CP will allow you to do it, so you probably will have to petition the court.

 

[gearhart7]

You can try to petition the court for a tax deduction. My husband's says that as long as he is current for the calendar year he wishes to use her on our taxes, she has to sign the Form 8332. Otherwise, whoever they live with, gets to claim them. Look for your specific states child support guidelines about tax exemptions.

Good Luck,

Gearhart7

 

[sweets2396]

No

You can not "claim" the child on your taxes because you are the non-custodial parent. If you had custody or partial custody then you will be able to claim the child but when you file you can "claim" the amount of child support that you have paid.

Good Luck.

 

[gearhart7]

My husband is the NON-custodial parent (Indiana). He CAN claim her on our taxes as long as he is current in his child support payments for the calender year in which we want to claim her. He had an order done when child support was ordered. Like I said you need to check into your specific state's child support guidelines about tax exemptions. I did the same thing for my ex-husband in Michigan. As long as he is current he can claim one of our children.

Call or write your child support office and ask. The worst they are going to say is NO.

Good Luck.