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what the laws are for claiming the child credit on your taxes?
I had a hearing in August and the officer at DR gave my ex the right to claim the kids on his taxes. He flat out stated that that he did not know the laws he was just awarding him 2010 tax credit.
He does not give any more than what he has to with child support, doesn't pay half of any child care or school sport costs. Nothing, Heck he refused to buy them school shoes because and I quote " that's what I pay you child support for"
I know that in most cases its that they have to live with the person filing for at least 183 days of the years or they have to have proof that they pay over half of the amount needed to care for the child. I am appealing because he does not help with ANYTHING. I still have to pay for their clothes, food, shelter..why should he get the money back at the end of the year?
I can't afford for my attorney to come with me at this hearing so if anyone knows any thing about the laws I would LOVE it if you would share
From what I understand, the custodial parent (one the child spends the most nights with) is allowed the credit by federal law and federal law determines who gets what exemption. The rub would come if your child spends an equal number of nights with you and your ex. Then the custodial parent is the one with the highest adjusted gross income. (See http://www.irs.gov/publications/p17/ch03.html#en_US_publink1000170899 and scroll down to "Children of Divorced or Separated Parents....")
I'm not an expert though! Just trying to help by throwing this out there for you to look at. I was a paralegal for 15 years (though not in domestic law)and I am also going to have to handle as much of my own legal work as possible because of financial issues. Good luck!
thank you! I am going to check it out now. I just need a little "smart" to throw out there. The guy how over hear our case before was an idiot and he just gave my ex the rights because he was the one who filed for the hearing ( IMO)