what aspects of the law allow for a non custodial parent to claim tax deductions
I paid $15,634 of my net income, last year in child support for four children. The same is true this year (within a few dollars.) Ex wife has claimed earned income tax credit. She has remarried for the third time in four years. Her last husband shoot himself within the 1st year of marriage, he was 37 yrs old.
I provide 65% of their combined household income. I maintain I should get two of the four children for tax purposes. I should not be liable for an additional $4,000 at the end of the tax year,on money I have already paid tax on.
The money I pay is not child support, it is an income. I works with people who earn $12,000 a year gross, therefore $15,634 net for child support should entitle me to at least two of the children for tax purposes.
The children stay with me every weekend which adds to the cost factor. Summer holidays I should have had a 50% reduction but my ex "arranged" my oldest Daughter to babysit in Florida for one week (disneyWorld no less,) negating the reduction because I did not have all 4 children for the whole period.
My request is reasonable.
Thank you
1 Answer from Attorneys
Re: what aspects of the law allow for a non custodial parent to claim tax deduct
You are absolutely being reasonable. You should have negotiated that during the settlement negotiations. I just read a settlement agreement that discusses that (2 boys, each parent claims 1 by agreement and annually (by end of January) fills in the IRS form that disclaims the other child and sends it to the ex-.
Call up and get it negotiated. Don't assume it has anything to do with physical custody; you could start by saying that you should claim 3 of the 4 since you provide that much support, don't you think?
Good luck. If you call me, I can get you that form number or language used in a divorce agreement.
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