I share custody with my ex-wife 50-50, however our daughters dwell with me full time on account of her boyfriend’s dependancy points. What occurs to the kid tax credit score?
My ex-wife and I divorced in August 2020 after 21 years and four children. In our custody agreement, we have 50-50 custody of the two children who are still underage, including sharing them as a tax deduction.
However, it did not turn out that way. I have her 100% of the time due to her boyfriend’s meth addiction issues. I am grateful for the opportunity to care for and protect them.
I pay child support; However, she gives it back to me for her care. I am very careful about spending it only on them and not mixing it up with my other finances. Will she still be able to use our daughters as a tax deduction?
She does not add anything to their care and they never stay with her. My concern is also the upcoming child tax credit this summer.
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The Internal Revenue Service has clear rules about who qualifies as custody and why. “The custody parent is the parent with whom the child has lived longer during the year,” it says. “In general, only one person can claim the child as a Qualified Child for purposes of Head of Household Status, Child Tax Credit / Other Dependent Tax Credit.”
Talk to your ex-wife about these issues and try to reach a friendly agreement to prevent both of you claiming your children for tax deductions and the child tax credit. If she reimburses your child for maintenance it is likely not a problem as she will undoubtedly appreciate that you take the children with you around the clock. One caveat: people are unpredictable.
“Even in the most amicable resolutions, I want to let my client know how a judge would likely decide if no agreement was reached, if he just wanted to better understand what is fair, or more precisely what Ohio lawmakers and courts believe is fair, ”said Olivia K. Smith, a practicing attorney in Cincinnati, Ohio.
The court uses its discretion if the parents disagree. “Ohio law has given the courts great credit for dealing with divorce / termination agreements,” added Smith. “However, when referring to relatives, the Code uses the word” shall, “a word that is rather obscure (as opposed to” may “) in the Ohio bylaws.
You currently have a short term solution to a long term problem. Given that your children are unsafe with your ex-wife because of their partner’s addiction problems and she has made up her mind to live with that partner, you should consider applying for joint custody to keep yourself safe, that you deserve legal protection and stability that your children deserve.
The money is:I take care of my mother and I sold her house. My sister says half the house is hers and now she wants a loan. What am I doing?
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