View Full Version : what filing status????


laurab
Please help with a quick question.....Dad has 2 children. One child each with 2 ex wives.



1. child number 1 (age 10, ex wife #1)- Dad has court ordered physical custody of child. The visitation is 50/50. The decree states that dad can claim the child as a deduction every other year. Je does not receive or pay support on this child.



2. Child 2 (age 3 ex wife #2) Dad has joint custody but the child resides with the mother most of the time. The decree states that mother claims the child as a dependent every year.



Dad pays child care expenses directly to the child care providers for each child. Dad is single.



Question----this is his "off" year to claim child number 1. Can he file head of household?

If so, how can he do it electronically? since wife #1 has already filed, the program is kicking out his return.



Question 2-can he take child care credit for either of the two kids?

clydewolf
Please help with a quick question.....Dad has 2 children. One child each with 2 ex wives.



1. child number 1 (age 10, ex wife #1)- Dad has court ordered physical custody of child. The visitation is 50/50. The decree states that dad can claim the child as a deduction every other year. Je does not receive or pay support on this child.



2. Child 2 (age 3 ex wife #2) Dad has joint custody but the child resides with the mother most of the time. The decree states that mother claims the child as a dependent every year.



Dad pays child care expenses directly to the child care providers for each child. Dad is single.



Question----this is his "off" year to claim child number 1. Can he file head of household?

Yes, he can claim HH filing status because of child number 1.
The child's mother needs to claim the child for dependency status and the child tax credit.



If so, how can he do it electronically? since wife #1 has already filed, the program is kicking out his return.

probably not. It would be worth sending in the necessary paper, Divorce Decree, and what ever else is needed to qualify for HH filing status.

Question 2-can he take child care credit for either of the two kids?[/QUOTE]

No, for this year, the children are not his dependents.
The mothers can not take the credit either as they did not pay the care provider. Seems like some agreeement needs to be reached there.

Interestingly, consider the older child, Mom will receive the stimulus money for the child this year. Dad will receive the stimulus money for the child next year. Neither parent will need to forfeit the stimulus money.

Sorry for the delay, but I have a life too.

jv17
well I can't give what exactly you need to do with your concern but I made a research with this..it might help you..

http://www.irs.gov/taxtopics/tc353.html