Can a non custodial parent file a child on income tax without the custodial parents permission?

Can a non custodial parent file a child on income tax without the custodial parents permission. Asked by misinteligent 37 months ago Similar questions: custodial parent file child income tax parents permission Family > Parenting.

Similar questions: custodial parent file child income tax parents permission.

The deduction belongs According to IRS laws, the deduction belongs to the parent who pays more than 50% of the child's living expense. If you and your former spouse have worked out a different arrangement, that's fine but just be sure that your former spouse isn't also claiming the child as a deduction. So, if the noncustodial parent also contributes more than 50% of the child's living expense then, yes, that noncustodial parent can claim a deduction on the child.

Check out your property settlement agreement or child custody agreement if you're uncertain. It should be addressed in that.

No I have been divorced for 4 years (I am custodial parent) and in our divorce papers it states that we will alternate filing on our daughter. Even though it states this in a legal document, my ex-husband still has to have me sign my permission to allow him to file on her every other year. It is a federal form that you have to sign and will accompany the non-custodial parents tax papers.

You might check out smartdivorce.com/articles/taxtips.shtml for some more information. Good luck to you, hope you get it all figured out! Sources: Divorced with Child - also reference smartdivorce.Com .

Ohhhhhhhhhhhhh! Can you say IRS. Unless you have documentation you are the primary provoder.. Sources: Opinion& Cout TV .

1 YOu can file it, but expect to get flagged for an audit. Also expect a letter in about 8 weeks indicating that you and your ex spouse have each filed the child as a dependent and only one can, so you'll have to adjust and may face a penalty. Much depends upon the wording of the custody agreement.

Some people alternate years if child support is involved. If it isn't spelled out, the write off usually goes to the custodial parent.

YOu can file it, but expect to get flagged for an audit. Also expect a letter in about 8 weeks indicating that you and your ex spouse have each filed the child as a dependent and only one can, so you'll have to adjust and may face a penalty. Much depends upon the wording of the custody agreement.

Some people alternate years if child support is involved. If it isn't spelled out, the write off usually goes to the custodial parent.

2 As unfair as it may seem in a case where the non-custodial parent pays the majority of the expenses through a child support order -- NO! You cannot claim the child as a dependant if your ex-spouse is doing so. If, for whatever reason, your ex-spouse is not claiming the child as a dependant, then you can -- based on dependant rules, etc set by the IRS.

As unfair as it may seem in a case where the non-custodial parent pays the majority of the expenses through a child support order -- NO! You cannot claim the child as a dependant if your ex-spouse is doing so. If, for whatever reason, your ex-spouse is not claiming the child as a dependant, then you can -- based on dependant rules, etc set by the IRS.

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