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Who Gets the Child? ... Page 2 |
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TaxMama: Hi Suzanne... I'm not really clear on your answer. If I am wrong, you bet I'll post a correction - AND credit you. Your answer on the surfaces makes % of support sound like it is an important factor, which it is not if the right to exemption has been decreed.Sorry Suzanne, but % of support IS critical. Pre-1984 divorce decrees were grandfathered (that means, if you had the agreement, the divorce decree ruled). If you had one of those, as long as he paid $600, HE got the kid as a dependent. Subsequently, Congress got more fair about it. Regardless of the divorce decree, if HE is not paying more than half the support (and it's generally still HE), HE does not get the dependent. Not unless SHE signs away her rights. This was designed to protect mothers who got bullied into signing divorce agreements without understanding them. On rare occasions, Congress does a good thing (for women). Now, if you can persuade me that I am wrong - and can cite tax code or regulations...I'll be delighted to print your side! Or have your professor respond. I always love to have informed people help out. Since divorce affects so many issues regarding tax planning, have you written an article on the subject that can be accessed?Interesting thought. Not yet. I still need to write a few more about being self-employed. But it IS a good idea. I've fought some interesting battles with the IRS on this subject and got some pleasant results on appeals. Hmmm... Thanks for the thought. Suzanne: Dear TaxMama:
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