Their mother claimed them in 2009. We would hope to be able to claim at least 1 this year if we get the 50/50 custody approved but nothing has been discussed. We never pushed to claim them over the years because of our 'agreement' that we weren't paying the court ordered child support. We have them approx 45% of time....I will send a specific letter to attorney so that he didn't misinterpret all this...ugh..I am sure our plan will go up significantly with 2 less dependants..if that turns out to be the case.
thanks for your opinion!
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Who claimed the children on the tax returns for 2009? What agreement is in place who claims the children for 2010? Unless otherwise specified in a formal custody agreement, the children can be claimed as dependents by whoever has them for more than six months out of the year and whoever provides more than 50% of their support. If they were claimed last year by their mother, you had better ensure you go over this thoroughly with your attorney because they will not appear on your present tax documents as dependents.Leave a comment:
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Dependants declared during Chapter 13
Hey there. (sorry long..) First off, this site is addicting! It has so much useful information. I did search on this a little and got some answers (I think) but wanted to throw it out you you guys again.
We live in N. California. I have a daughter who lives with me 100% and 2 stepsons who physically have been with us 45% of the time for last 5 years. The court order stipulates everyother weekend plus one day a week (approx 30%ish). We have had a verbal agreement with mom for the five years to have the kids Sat-Tues every week, pay all medical premiums, and pay for some clothes and half all extracaricular. Additionally, we let her take dependant on taxes every year (nothing in divorce decree about that). Well...she decided to have Ca Child support open/review the case (she is teacher and I think she feels she will be let go next year but not sure) and we now owe back to 2005 Child Support arrears and current monthly support(hence big part of reason we are filing BK along with IRS and lots of debt that we can no longer keep up on). We will be paying back within the plan about 14k to her ($100 per month interest accruing). ...Lesson learned..get everything in writing and filed with courts..they dont care what agreement you have..ugh. I was a single mom with no support for many many years and would have made sure we paid if we did not have this well known agreement in place. We filed for motion to change physical custody to 50/50 last month which is a step to get it straightened out. Anyway.....my lawyer listed both of my stepsons on our petition (total 5 in family) since we do clothe and feed them. We did explain the situation to him though...Do you think we will have issues with this since the divorce decree does not have who gets to take dependants for taxes and custody papers say everyother weekend (at this time)? I am sure their mother will not vouch for us as we are all not on best of terms lately as you can imagine. We keep the kids out of this all but just not good for anyone.
Any advice or opinions appreciated.
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