My step son lived with us for many years. He turned 16 in October. Mid June, he went to visit his mother for the first time in over a decade, and decided he wanted to stay with her. My husband has sole custody, she's been out of the picture for over 10 years. She has a POA we gave her to enroll him in school and provide medical care. Who has the right to claim him on their tax return for 2011?
Also..... our parenting plan states ...... "Only one party may claim a deduction for each child on his/her income tax return. Both parties shall prepare appropriate IRS forms. The dependency exemptions, pursuant to SS 14-10-115(14.5), C.R.S., shall be as follows.... Full name of child.... deduction to be claimed every yeary by Father"
Sorry, but I do not believe any of those answers are correct.
The order states that your husband gets the deduction. Until the order is changed, he gets the deduction -- the other factors are irrelevant. This is not a tax analyis, its the subject of the order.
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2 lawyers agree
it will be whoever he lived with for over half of the year in 2011. If he stays with her for more than half of they year in 2012, she will be able to claim him, and it will not matter how estranged they are or were. That isn't even a factor.
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5 lawyers agree
I agree with Mr. Larsen.
The 10 year gap has nothing to do with 2011 taxes.
This is general legal information, not intended to apply to your specific case. And I may not be licensed to practice in your particular state. Under Federal Law, I am a debt relief agent.
Divorce / Separation Lawyer
The only thing i would add to my fellow lawyers answers is check the custody judgment to see if the tax deduction was allocated under the terms of judgment. Otherwise the greater than 50% rule is the only rule that applies
This information provided is in the nature of general information and in no way creates an attorney client relationship with anyone including the individual who posted the question.
It's true that the person with whom the child lives for more than 1/2 the year gets the deduction but either of them could go back to state court for an order equitably arranging the tax break. Better yet, the parties could privately arrange it where they share the tax break. But, that requires cooperation.