How can I be primary dpendant for claiming child on taxes each year?

[E. Denelle D]

I am not or have ever been married to my child's mother, currently pay child support, and do not have full custody. We currently alternate the years that we claim the child for taxes, but I wanted to know if there is a law or rule that could be enforced allowing me to claim each year? I thought there was something about a 60% coverage for child support rule entitling an individual to be able to claim every year?

[the kid]

The child must live in your home for more than half the year (and you must be able to prove it). Child support DOES NOT figure into anythign whatsoever.

[Wayne Z]

There is no such 60% rule.

In fact, the opposite is true. Regardless of how much you pay, by default, the custodial parent gets to claim the child. It is her choice whether or not to allow you to claim the child.

Be happy with your every other year arrangement.

[mrreliable3599]

Don't go digging too far into finding a law that helps you claim the child.

What you'll find is a law stating that the only way you're legally allowed to claim the child is if the child's mother issues you a signed Form 8332, Release of Claim for Exemption.

It doesn't matter what any court order or agreement states. If the custodial parent doesn't want to issue Form 8332, she doesn't have to as far as the IRS is concerned.

Better to be satisfied with the every-other-year agreement. If you start pressing, you could end up with nothing.

[Quick Answers]

And when you do alternate and it's your turn, the mother must sign a form 8332 and give it to you. You then attach this from to the tax return and claim the exemtpion and child tax credit only. You would file as single. She keep the right to file as HOH (if eligible), EIC and child care.

If the mother won't give you the form, you can't claim anything.

As the non-custodial parent, you have zero rights. Do NOT attempt to say you are the custodial parent when you aren't. This is considered fraud and can get very expensive.

[HD]

whatever the divorce decree says, if it's every other year you'll have go back to court to change it.

[tro]

no
in fact the rule with IRS is the parent with whom the child spends the majority 'nites' with is the one to claim the child
if that parent chooses to allow the other parent to claim the child they would sign a #8332 waiver for them to do so
and paying child support does not entitle you to claim the child's exemption

[Fearlessrock556]

You need to have the children 51% of the time to get the deduction. However, there are alternatives. Watch this video.
http://www.youtube.com/watch?v=cQCVy_2L6...plpp_video

http://ChildSupportRights.org/WhatPayersNeed2Know
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Federal Child Support Enforcement Handbook for Non-Custodial Parents
http://childsupportrights.org/
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