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  • Kris23
    replied
    Thanks

    That explains it, she hasnt had any over night visitation with child since mid June, the date in which the state took him away from her.
    Thanks a lot

    Leave a comment:


  • LdiJ
    replied
    Originally posted by Kris23 View Post
    Well my husband just recently won sole primary physical custody of his son but the state placed him with us the beginning of July 2008. His son was taken away from his mother the middle of June 2008. We did the math and he was living with us longer then her during the tax year and I read on the IRS website that they consider the parent that provided for the child (my husband) the longest and the parent with the highest adjusted gross income (my husband) that parent has the right to claim the child as a dependent. We asked the court to clarify who had that right but in the final order it was never addressed or denied. His ex-girlfriend (mother of son), is desperate for money and very poor. His son is four years old now and my husband has never been able to claim him before (3 times) and his ex reaped the benefits associated with that. We do have physical custody now (she is angry about) but the court recognized her as incompacitated and un able to work so we were denied a child support order. My question is legally does my husband have the right to claim him? Husband had him the longest 6 months she only had him 5 1/2 and my husband has the highest adjusted gross income?
    The highest AGI issue only kicks in if the tiebreaker rules kick in, and in that instance only applies if they both had the child the same amount of time.

    The IRS defines the custodial parent as the parent with whom the child primarily lived, and that is determined by OVERNIGHTS.

    So its not a question of the fact that mom had custody for 5 1/2 months and your husband has had custody for 6 months. Its a question of the total amount of overnights that the child has had with each parent.

    If your husband had regular overnight visitation while mom had custody, and mom has had minimal or no overnight visitation since dad got custody, then clearly dad is going to be the custodial parent under the tax code/regs and he will be the one legally entitled to claim the child.

    However, if mom has had regular overnight visitation while dad has had custody, then you may need to get out a calendar and do some counting.

    Now, none of that means that mom won't go ahead and claim the child anyway, even if your husband is the one legally entitled to do so. If that happens, then your husband would need to file a paper return to get his refund.

    Leave a comment:


  • Kris23
    started a topic dependent question Minnesota

    dependent question Minnesota

    Well my husband just recently won sole primary physical custody of his son but the state placed him with us the beginning of July 2008. His son was taken away from his mother the middle of June 2008. We did the math and he was living with us longer then her during the tax year and I read on the IRS website that they consider the parent that provided for the child (my husband) the longest and the parent with the highest adjusted gross income (my husband) that parent has the right to claim the child as a dependent. We asked the court to clarify who had that right but in the final order it was never addressed or denied. His ex-girlfriend (mother of son), is desperate for money and very poor. His son is four years old now and my husband has never been able to claim him before (3 times) and his ex reaped the benefits associated with that. We do have physical custody now (she is angry about) but the court recognized her as incompacitated and un able to work so we were denied a child support order. My question is legally does my husband have the right to claim him? Husband had him the longest 6 months she only had him 5 1/2 and my husband has the highest adjusted gross income?
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