Tuesday, April 19, 2011

Can a Florida judge order that a non-custodial parent be allowed to claim child on his taxes.?

I keep finding conflicting information on the internet regarding the authority of state courts. I, as the custodial parent, am the sole provider for my child's health/dental insurance (I footed the bill for braces and any co-payments), I solely pay the mortgage for the house she lives in, father does not want to see or know his child and she is now 17 years old. He pays $500 per month in mandate child support from age 13 to 18 years of age. The court order says he is allowed to claim her on his taxes every other year. He pays no state tax where I pay state tax and an additional local tax which is equal to half of what I pay for state taxes. I also pay property taxes. I provide more than 50% of her support. Do I have to confirm to the judges order? Because the case was heard in the NCP's state, I was allowed to participate by phone but at the last minute the judge decided I couldn't and my child's father had his lawyer present where I had no one acting on my behalf.
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A judge can and in alot of cases does order this. Have you ever heard of a form 8332? The parent who has custody signs this paper in the year the other parent wants to claim the child. For example, if your ex gets the child on his 2006 taxes, you sign it in 2006 for him to use. Only catch is, it only releases dependancy and child tax credit, which your child is too old for, to the non custodial. You keep the Head of Household (if you qualify), the day care expenses, and the Earned Income credit (if you qualify). Hope this helps.
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