Child dependent tax deduction

• Jan 30, 2008

• #1

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bambilw

New Member

When my Ex and I separated, our separation papers stated that we agree to share the income tax dependency for our minor children--we have two children. We verbally agreed which child we each would claim. The child he claimed turned 18 last year, and now he wants to claim the child I have been claiming. The child lives with me full time and visits his father every other weekend. Do I have to allow him to claim this child on his taxes?"

 

• Jan 30, 2008

• #2

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seniorjudge

New Member

What (if anything) does the judgment in your lawsuit say about this question?

 

• Jan 30, 2008

• #3

B

bambilw

New Member

seniorjudge said:

What (if anything) does the judgment in your lawsuit say about this question?

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"The parties hereto agree that both parties shall be entitled to share the inome tax depndency for the minor children of the parties."

We verbally agreed who would claim which child. The child he claimed turned 18, the child I claim is 15 and lives with me fulltime.

 

• Jan 30, 2008

• #4

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Duranie

Moderator

Does it say specifically which child he is to claim? If it doesn't, you get to claim since the child lives with you and you have custody.

 

• Jan 30, 2008

• #5

S

seniorjudge

New Member

Duranie said:

Does it say specifically which child he is to claim? If it doesn't, you get to claim since the child lives with you and you have custody.

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I pretty much agree with this.

Since the judgment is unclear on the point, then you have to either use the residency test or agree with the other person.

 

• Jan 30, 2008

• #6

B

bambilw

New Member

Duranie said:

Does it say specifically which child he is to claim? If it doesn't, you get to claim since the child lives with you and you have custody.

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It doesnt say which child either of us claim, it says we agree to share the income tax dependency deduction for the minor children. We verbally agreed who would claim which child.

 

• Jan 30, 2008

• #7

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Duranie

Moderator

ok so too bad for him. The one he claimed turned 18, and right now you only have 1 child to claim. That child lives with you, and you do not have to verbally agree to let him claim.