Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
|
Re: child support NY unique situatiom
11/07/09 03:46 PM
|
|
|
The parent with primary residence gets the deduction per the IRS. The IRS goes by overnights. Unless the CP signs a form 8332, the ncp can't claim the child(ren). Even with a state court order stating otherwise. So if you get it in the court order that you get the deductions, either every year or every other year, and your stbx claims the kid(s) anyway, the only recourse you have is to file a contempt charge against your stbx because the IRS will side with her. The custodial parent gets the HOH filing status regardless of whether or not s/he claims the child(ren). Personally, I think that the ncp should also be able to get this status as long as s/he exercises his/her parenting time.
BTW, childcare is an add-on to child support and only the CP gets to claim the deduction for this. Even if s/he doesn't claim the child that year.
|
|
0 registered and 4 anonymous users are browsing this forum.
Moderator: dsAdmin
|
Forum Permissions
You cannot start new topics
You cannot reply to topics
HTML is disabled
UBBCode is disabled
|
Rating:
Thread views: 7419
|
|
|
|
|
|
UBB.threads™ 6.5.1.1
|
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
|
|
|
|
The information contained on this page is not to be considered legal advice.
A local counsel or professional should always be consulted in regards to any legal matters.
"a passion for a better divorce℠" - established in 1996
© 1996 - 2013 Divorce Source, Inc. All Rights Reserved.
Previous
Index
Next
Flat
Edit
Reply
Quote
