Who can claim the child for 2011 taxes?

Asked over 2 years ago - Colorado Springs, CO

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?

Additional information

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"

Attorney answers (5)

  1. James C Underhill Jr.

    Contributor Level 14

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    chosen by asker

    Answered . 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.

    Like many attorneys we will sit down and review your situation with you without charge.

    Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

    By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. For example, some attorneys will prepare letters for you to sign, legal documents, or sell the paperwork for the court filings; then you can proceed on your own, but knowing that your paperwork is correct and having a road map as to how to proceed. Or who will attend a hearing for a flat fee even if they are not handling the whole case. Neighborhood Law Office is such a firm.

    At Neighborhood Law Office we never charge for an initial consultation, and at that meeting we can go through your specific facts and give you options.
    Thanks, Jim

    Jim Underhill
    Neighborhood Law Office
    7225 E. Hampden Ave.
    Denver, CO 80224
    303-302-1000
    303-302-1001 fax
    jim@NeighborhoodLawOffice.com
    www.NeighborhoodLawOffice.com

    NOTICE— This answer is based upon a partial understanding of the facts and may not be relied upon as legal... more
  2. Christopher Michael Larson

    Contributor Level 19

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    Answered . 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.

    Christopher Larson
    Insight Law
    www.insightlawfirm.com

  3. John Addison Vos

    Contributor Level 15

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    Answered . 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... more
  4. Christopher P Norris

    Contributor Level 14

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    Answered . 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... more
  5. J David Hopkins

    Contributor Level 10

    Answered . 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.

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