taxes for my kid

[314will]

What is the name of your state?What is the name of your state?missouri
i have joint physical custody of my daughter for the last 3years and i was wondering dose that make it legal for me to claim her on my taxes she gose back and forth between her mothers house and mine but her mother refuse to let me claim her on my taxes and when she dose my daughter never get any thing out of it so i would like to claim her so i can get the return and spend it on her and things she need

 

[ejmmolina]

IF you are NCP then you need permission from CP to claim her. She can give you permission by signing a form (not sure what it is called). If both have 50/50 you could always go to court and get some sort of alternating year thing put in orders. No promise you will get it but you could try.

 

[LdiJ]

What is the name of your state?What is the name of your state?missouri
i have joint physical custody of my daughter for the last 3years and i was wondering dose that make it legal for me to claim her on my taxes she gose back and forth between her mothers house and mine but her mother refuse to let me claim her on my taxes and when she dose my daughter never get any thing out of it so i would like to claim her so i can get the return and spend it on her and things she need

Its hard to answer your question because you haven't given any details. However the IRS regs are firm on the issue that the tax exemption goes to the parent who has the child in their custody more than 50% of the time. Therefore if you have true joint custody, a pure 50/50 split, technically neither one of you are entitled to the exemption..LOL...although that is not something the IRS would ever enforce.

Basically though, since mom has taken the exemption up until now you really shouldn't take it (even if you qualify) without getting a court order entitling you to do so.

 

[rt2busi]

i have many friends who share , every other year they let the non custodial parent claim the child(ren) but my boyfriend last year went to claim his children and the mother had already done it and she wasnt supposed to. its whoever does it first, because once the irs punches in the ss numbers of the children they will say that they were already claimed ( only one person can claim the social security number) my state is pa. so if u file online off your last pay stub without your tax forms you can file january 13 but it still wont go through till january 30. but.... then the childs ss# will already b in use . i know somebody is going to have a comment on this but its a cruel world out there between parents

 

[casa]

What is the name of your state?What is the name of your state?missouri
i have joint physical custody of my daughter for the last 3years and i was wondering dose that make it legal for me to claim her on my taxes she gose back and forth between her mothers house and mine but her mother refuse to let me claim her on my taxes and when she dose my daughter never get any thing out of it so i would like to claim her so i can get the return and spend it on her and things she need

IRS is Federal, not state.

There is a toll-free 800# for the IRS, I suggest you call it and ask. I did so and was told that the exemption was for the custodial parent, or the parent who had the child living with them for "More than 50% of the time/year". An exception to this would be if the parents had an agreement already in writing where they have agreed to rotate claiming the deduction- or if a parent signed the proper paperwork to allow the other parent to claim the deduction.

It is NOT the case that "whoever files first" gets the deduction. If both parents file for the deduction, then their tax filings will be stalled until the IRS establishes who has the 'Right' to claim the child.

 

[rt2busi]

u r right it is federal not state my mistake they dont stall it, my b/f's ex claimed the kids and he didnt know it and he claimed them and they told him he couldnt file with them cause their ss# were aleady in the system as already been filed i think it depends on the preparerr but now days even at a tax office the computers mostly do all the work , my b/f's situation they tried several different ways to do it and if he wasnt allowed they wouldnve tried. who cares everybody is out for themselves anymore nothings fair