Quick Question

[JBMD]

What is the name of your state? VA

I just had a quick question. While reading another poster's thread, it peaked my curiousity about whether or not i could possibly have a judge order that i can claim my son on my tax return. The current situation is ... I work and pay child support monthly ... my ex does not work, however she does have a husband that works and another child with her husband. She has pri**** physical custudy. In the past, she has always claimed him, as i never thought of that issue in the original custody dispute. I am currently in a "battle" with her for custody and received a copy of her and her husbands previous tax returns. They pay absolutely nothing in taxes. They always get all of their withholdings refunded (I believe this is due to the child tax credit) ... i was just wondering if it is worth asking a judge to consider?
Please advise ... and thank you in advance!

 

[brisgirl825]

Sure, that is usually split. However since mom is the cp, she will still be eligible to receive the EIC, every year.

 

[Zephyr]

it probable that you would be allowed to claim the child every other year, and yes it's worth asking

hopefully LdiJ will respond as there are factors concerns ncp's and how they file

 

[LdiJ]

What is the name of your state? VA

I just had a quick question. While reading another poster's thread, it peaked my curiousity about whether or not i could possibly have a judge order that i can claim my son on my tax return. The current situation is ... I work and pay child support monthly ... my ex does not work, however she does have a husband that works and another child with her husband. She has pri**** physical custudy. In the past, she has always claimed him, as i never thought of that issue in the original custody dispute. I am currently in a "battle" with her for custody and received a copy of her and her husbands previous tax returns. They pay absolutely nothing in taxes. They always get all of their withholdings refunded (I believe this is due to the child tax credit) ... i was just wondering if it is worth asking a judge to consider?
Please advise ... and thank you in advance!

At the moment it is legally correct for she and her husband to take the tax exemption on their joint return. She is the one legally entitled to take the extemption under the tax regs. It doesn't matter that she doesn't work, because her husband is taking care of her share of the child's support.

If you ask the judge to assign the exemption to you on alternating years...its likely that the judge will do that....its pretty much the norm these days. However, as another poster told you, you will not qualify for EIC unless you have pri**** custody. Only mom qualifies for that at the moment.