Anyone know much about child custody and tax write off?

Turbodan

Turbodan

Forum Member
My ex and i have twin 7 year olds. She has physical custody but I get them an extra 6 days a month above the minimum visitation set by Macomb County. I was told that she gets to claim both boys on her taxes every year even though I pay $1200. per month in support and never been behind. Supposely an IRS rule. It was mentioned that I could file a motion to get the court to give me the right to claim one of the boys every year. Anyone know what kind of motion I would file and with what court system? Would this be a friend of the court decision or go to a personal property judge?
 
Couldn't tell ya what to file, but if I remember correctly, you're 100% accurate that she gets to claim both of them regardless of your support payments. She can let you claim one or both, but you'd need to get her to agree to it if she has custody. Only one of you can claim - it's an all or nothing deal for each kid, can't do halfsies or anything.
 
Something that a lot of people overlook when going through this situation.
You need to get it in your agreement, you claim one and she claims one, something like that, but you need to have it in the judgment.
Otherwise its just a deal between the parents.
Sorry, answer to your question is friend of the court.
 
Depends on the court order. My GF has physical custody of her oldest( my step daughter) and the order states he can claim the even years ( as long as he is less than 1 month behind in cs) she can claim every year if he is behind. You may have to partition thencourt to make any changes. Please keep in mind I have never been in court for any of this I only know Her ( gf) side of the story.

I pray to stay out of the not so friend of the court system. They suck!
 
Is the child deductible more valuable to you than her? If so, tell her you'll give her the money as if she claimed them, and you keep the extra.
Otherwise, she is not going to voluntarily give u a tax deduction and get nothing in return.
 
Not sure. I know I make about $20,000. more than her a year. I asked her to let me claim one. She has refused. Don't understand how I pay $1,200. a month in child support and the IRS won't allow me to claim one.
 
Turbodan said:
Not sure. I know I make about $20,000. more than her a year. I asked her to let me claim one. She has refused. Don't understand how I pay $1,200. a month in child support and the IRS won't allow me to claim one.
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IRS doesn't care who claims. Both parents cant claim though. You need to have an agreement with her and have court approved to claim child/children.
 
I recently went through this and my lawyer got it so it switches back and forth. One year I claim and one year she claims. I am not sure of your financial situation but for me bc I make about 20times what my ex does. I used the fact that she is a money hungry bitch against her. I offered a cash payment to claim my daughter on her years. She does her return online to see how much she would get if she claimed her and then I give her that plus a $1000 not to claim her. Still ends up being why more to my advantage but she feels good bc I gave her the $1000 cash.
 
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