Bowdon, GA asked in Divorce, Federal Crimes and Tax Law for Georgia

Q: Will i be in contempt of court if i claim my child on taxes even though irs says i get to

Irs rules and regulations states i get to claim him every year because i am custodial parent and he lives with me and irs states decree after 2009 cant be used my papers say dad claim every othet year but nothing about 8332 form irs requires him to have one signed by me i have not done so

4 Lawyer Answers
David Ostrove
David Ostrove
Answered
  • Tax Law Lawyer
  • Los Angeles, CA

A: If you provide over half of the child support and you have written proof of same, and you are the parent then you may claim on your income tax return, but, if you are audited you have to prove it. Save all checks, written receipts, and all other written evidence.;attach a statement to your return explaining to IRS why you believe you are entitled to the deductions. Make sure your reasons are reasonable and not frivolous or not factual.

Linda Simmons Campbell
Linda Simmons Campbell
Answered
  • Tax Law Lawyer
  • Burlington, CT

A: If you have a court ordered agreement that the father is allowed to claim the children then he can take you back to court for violating the agreement. The IRS does not get involved. They only look at their rules not what was court ordered.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, if you are providing over half of the support then you should be able to claim the child on your taxes. You should save the receipts for proof that you are providing such financial help, and it’s a good idea to consult with a tax professoinal, too. -Homer P. Jordan IV, Esq. 404-620-1558

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, if you are providing over half of the support then you should be able to claim the child on your taxes. You should save the receipts for proof that you are providing such financial help, and it’s a good idea to consult with a tax professional, too. -Homer P. Jordan IV, Esq. 404-620-1558

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