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Claiming dependents

Posted on 1/4/24 at 10:34 am
Posted by tigger4ever
Member since Apr 2021
632 posts
Posted on 1/4/24 at 10:34 am
Going through a divorce. If wife decided she wanted no child support in exchange for house and land (maybe $200,000 value with about $110,000 left to pay) and I pay for kid’s health insurance premiums, is it reasonable for me to ask to be able to claim 1 child (we have 2) on my taxes? Kids ages are 10 and 7.
Posted by East Coast Band
Member since Nov 2010
62739 posts
Posted on 1/4/24 at 10:36 am to
No
Posted by MintBerry Crunch
Member since Nov 2010
4830 posts
Posted on 1/4/24 at 10:38 am to
Go create some more dependents with your new young wife.

Kidding. Ask your lawyer.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57153 posts
Posted on 1/4/24 at 10:38 am to
LINK


Here you go!

quote:

Noncustodial parents may be eligible to claim a qualifying child.
Special rules apply for a child to be treated as a qualifying child of the noncustodial parent.

The custodial parent can release the dependency exemption and sign a written declaration or Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent for the noncustodial parent to submit with their tax return.
This also applies to some tax benefits, including the child tax credit, additional child tax credit, and credit for other dependents. It doesn't apply to other tax benefits, such as the earned income credit, dependent care credit or head of household filing status.


Some divorced parents alternate years of claiming children. Some claim one kid while the other parent claims the other.
This post was edited on 1/4/24 at 10:49 am
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37034 posts
Posted on 1/4/24 at 10:38 am to
Which parent supports them more?

This needs to be spelled out in your divorce decree.
Posted by 9Fiddy
19th Hole
Member since Jan 2007
64031 posts
Posted on 1/4/24 at 10:39 am to
Are you splitting custody time evenly? My ex and I have it where my son spends two weeks with me, then two with her. No child support either way, and I pay for health insurance. We alternate years on who gets to claim him on taxes.
Posted by southdowns84
Member since Dec 2009
1449 posts
Posted on 1/4/24 at 10:39 am to
You guys should each claim one so you can both file as head of household.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57153 posts
Posted on 1/4/24 at 10:40 am to
quote:

Kidding. Ask your lawyer.


Do not ask a lawyer tax questions unless this lawyer specializes in tax law. Ask a CPA or other tax professional. Asking a lawyer about this can get you into some deep doo doo.
Posted by southdowns84
Member since Dec 2009
1449 posts
Posted on 1/4/24 at 10:41 am to
quote:

This needs to be spelled out in your divorce decree.


This won’t have any effect on federal taxes.
Posted by dgnx6
Baton Rouge
Member since Feb 2006
68454 posts
Posted on 1/4/24 at 10:43 am to
It goes to whoever the kids stay with the longest during the year.


Posted by southdowns84
Member since Dec 2009
1449 posts
Posted on 1/4/24 at 10:44 am to
quote:

It goes to whoever the kids stay with the longest during the year.


This is correct.
Posted by boddagetta
Moulton
Member since Mar 2011
9999 posts
Posted on 1/4/24 at 10:46 am to
You just have to file & claim them before your ex does. Whomever files first, wins.
Posted by AwgustaDawg
CSRA
Member since Jan 2023
6856 posts
Posted on 1/4/24 at 10:47 am to
quote:

Going through a divorce. If wife decided she wanted no child support in exchange for house and land (maybe $200,000 value with about $110,000 left to pay) and I pay for kid’s health insurance premiums, is it reasonable for me to ask to be able to claim 1 child (we have 2) on my taxes? Kids ages are 10 and 7.


Either way it won't lower your tax burden by a helluva lot. It'll lower your taxable income but your over all tax bill won't be much less...may not be worth the discussion.
Posted by southdowns84
Member since Dec 2009
1449 posts
Posted on 1/4/24 at 10:49 am to
quote:

You just have to file & claim them before your ex does. Whomever files first, wins.


This is a great way to intentionally get in trouble with the IRS.
Posted by ChuckM
Lafayette
Member since Dec 2006
1645 posts
Posted on 1/4/24 at 10:54 am to
quote:

This is a great way to intentionally get in trouble with the IRS.


You have to pick your battles. Ex paid child support plus all healthcare. We paid tuition and they lived with us. Was easy to simply let him claim them, prevented the inevitable court battle to decide the OTHER things. He felt he got over with claiming them, we didn’t contest.

Posted by southdowns84
Member since Dec 2009
1449 posts
Posted on 1/4/24 at 10:54 am to
quote:

Either way it won't lower your tax burden by a helluva lot. It'll lower your taxable income but your over all tax bill won't be much less...may not be worth the discussion.


It really isn’t worth getting attorneys involved. They just need to cooperate and not both claim the same kid.
Posted by Tortious
ATX
Member since Nov 2010
5132 posts
Posted on 1/4/24 at 10:57 am to
quote:

Some divorced parents alternate years of claiming children.


This is the way.
Posted by Trevaylin
south texas
Member since Feb 2019
5794 posts
Posted on 1/4/24 at 10:57 am to
Go ask at the tax booth located across from the bathrooms at Walmart , how do I get the most child tax credits and deductions. They are the experts at claiming 8-12 dependents located in their home country. SS numbers not required.
Posted by dgnx6
Baton Rouge
Member since Feb 2006
68454 posts
Posted on 1/4/24 at 11:02 am to
quote:

This is correct.


I just wouldnt try to complicate things more. If the kids stay with the ex most of the year, just let them claim them. They are the custodial parent.



Tax code is already a bitch and becomes even more so dealing with divorce and separated people. And that even depends on what year you got divorced.

Posted by PsychTiger
Member since Jul 2004
98801 posts
Posted on 1/4/24 at 11:03 am to
First get a test to see if you are the real father.
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