Can I claim my shared custody child as a dependant?

Here is my situation: * I have shared custody of my child (50/50) * I make more money than my ex, therefore I pay child support * we file separately but agreed to maximize and split the child related deductions 50/50 among ourselves

In theory, since I am the one paying child support, I cannot claim my child as a dependant. However, according to the federal child support guidelines, we both owe each other child support, since I owe her more, I am the one making the payment.

With all that in mind, is she "technically" making child support payments? And therefore am I able to claim my daughter as a dependent?

Thanks for any insight!

Cheers

9 comments · 60% upvoted · other discussions

comments

FelixYYZ
crazycatlady0000123

Edit, I see that FelixYYZ posted the same link, that is the correct answer.

BlueCobbler [OP]

Thanks. I was looking at this page earlier and couldn't get a clear answer. But re-reading it now I think you're right. Our agreement doesn't explicitly say we both have to make payments...

Thanks for the response 🙂

[deleted]

Depends on how your legal agreement is worded I believe. We didn't end up going this way, but my understanding is that if it says:

Bob pays Mary - $500

Mary pays Bob - $300

Then if you agree, you can alternate years claiming the eligible dependent deduction.

If your agreement says:

Bob pays Mary $200, only she can claim it.

It's all very specific and has to be done exactly the right way.

BlueCobbler [OP]

Thank you for the confirmation, that's what I understood. Ours is written the latter way. So only she can claim it.

Foreign-Obligation-6

Wikipedia says, "living in a single parent family is strongly correlated with school failure and problems of delinquency, drug use, teenage pregnancies" etc. Source:https://en.wikipedia.org/wiki/Single_parent

BlueCobbler [OP]

Did you read the question?

WikiSummarizerBot

Single parent

A single parent is a person who lives with a child or children and who does not have a spouse or live-in partner. Reasons for becoming a single parent include divorce, break-up, abandonment, domestic violence, rape, death of the other parent, childbirth by a single person or single-person adoption. A single parent family is a family with children that is headed by a single parent.

[ F.A.Q | Opt Out | Opt Out Of Subreddit | GitHub ] Downvote to remove | v1.5