what if person w/ legal custody dont give permission for me to claim dep.even though he lived w/ me for 1 yr.?

Question

what if person w/ legal custody dont give permission for me to claim dep.even though he lived w/ me for 1 yr.?

Answer 1

They don't have to. If you have a divorce decree that gives you rights to claim a dependant (sometimes annually or every other year, or not at all) then the custodial parent must honor that. In fact you can file with the deduction by providing copies of the signature page and the tax portion of the decree. If you do not have a divorce decree stating you have rights to claim....you have NO right to claim without the permission of the custodial parent who will have to provide form 8332.



*** I'll qualify that, by saying the other person has legal custody, that is an indication that the child lived with the custodial parent as well for half or more of the year and that that parent paid for at least half of the support of said child...or that the parent has sole custody of the child....That all being true...you cannot claim the child without permission of the custodial parent. Check out the 2nd link for all the rules regarding dependants.

Answer 2

In most states, you have what is called "residential custody." Generally, your tax preparer will ask you what percentage of the year the child(ren) have lived with you in 2005. If it exceeds whatever limit is in your state, you will be qualified as the primary caregiver, and therefore allowed to claim children whether permission is granted or not. If all else fails, appeal to the judge who decided custody.

Child support also plays a major factor in the decision. Were either you or your ex court-ordered to pay child support this year? If you were, then that is a tax deduction that doesn't require any permission.

Answer 3

you can still claim them you just have to have proof that you provided for more than half the support for that year. If the child is in school and the address is your address that is proof that he lived there.