Legal Question in Family Law in Arizona
who claims the kids on taxes?
My kids father and I have been seperated for 2 years now and I am filing for divorce. We have a agreed to me having sole custody. We dont have any joint property. AZ has divorce forms that can be filled out online and then taken in and filed myself but the form requires that I put his income in for child support calculation and I dont know it. Can I list his income from 2005 W2s as an estimate because he works at the same place. Also the forms state that he would be able to claim the kids on his taxes and I wouldnt. This doesnt seem fair since he sees the kids for a few a month at the most. What decides who gets to claim the kids? Shouldnt it be the custodial parent?
1 Answer from Attorneys
Re: who claims the kids on taxes?
Under the AZ Child Support Guidelines, the tax dependency claim for your child is usually divided in proportion to the incomes of you & the father. For example, if both of you earn about the same, then you would put in the papers that you claim the child on taxes in odd-numbered years and he claim the child on his taxes in even-numbered years. If he made twice as much as you, then you would claim it once every 3 years, & he would claim it the other 2 out of every 3 years.
His right to claim the exemption, however, is conditioned upon him being current in his child support for the entire year (by Jan. 15 of the following year).
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