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#96951 - 04/07/06 04:17 AM NCP's spouse right to claim child on taxes.
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
In our court order, it says that when the mother finds employment, she has the right to claim the child every other year as a dependant. Well now she has married, and she asked the judge if she could claim the kid now... I guess he forgot his previous judgement, and wrote on the docket that the mother shall claim the child the next two years. Is her spouse allowed to claim the child as his dependant?

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#96952 - 04/07/06 01:45 PM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Rebecca5 Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 11697
Loc: Down home.
Yes. Any child that lives in their household for more than half of the year can be claimed on their taxes.

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#96953 - 04/10/06 11:48 PM Re: NCP's spouse right to claim child on taxes. [Re: Rebecca5]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Is every other weekend considered half the year? I forgot to mention, that she still doesnt have employment....


Edited by TeakoFury (04/10/06 11:51 PM)

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#96954 - 04/10/06 11:52 PM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Nicole Offline
Pooh-Bah

Registered: 01/25/05
Posts: 1762
I looked this up recently and if the mother doesn't claim the child then if the child lives with her spouse(obviously) then he can claim the child. BUT, the other parent has the right as well, and the other parent trumps the husband.

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#96955 - 04/10/06 11:58 PM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
If there is an offical paper (from the court) that the mom could supply the IRS that says she can claim the child then she can.

In order for the new husband to beable to claim it must be a joint return. She could claim married filing seperately I would guess.

His name can not be the only one on the return though.

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#96956 - 04/11/06 12:07 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Does it matter who provides the 50% for the child? I tried to find this on the IRS web site but didnt have much luck.

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#96957 - 04/11/06 12:13 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
Not if there is a paper with a judges signature that says she can claim the child. That trumps the 50% support test.

How is the CS handled. Is she in arrears by paying you directly or does support services handle it?

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#96958 - 04/11/06 12:23 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Child Support Enforcement..thats where she's suppose to send the support...

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#96959 - 04/11/06 12:30 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
If she is in arrears..wouldn't her return by intercepted?

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#96960 - 04/11/06 12:34 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
catrmm Offline
old hand

Registered: 08/07/05
Posts: 850
There used to be a tax rule about 50% that applied when the parents were never married to each other. That rule no longer applies.

Without a court order, the parent who is considered the CP gets to claim the child unless they complete a form to allow the NCP to claim. Any court order stating otherwise trumps this rule.

It sounds as though you are the CP and mom is the NCP but she'll get the right to claim the child because of the judge's court order. For it to make any difference, she and her current hubby would need to file a joint return.

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