Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

Myself and my ex.wife alternate claiming our daughter in the…

Myself and my ex.wife alternate...
Myself and my ex.wife alternate claiming our daughter in the USA(Federal and State) tax return. This year(2017) I can claim my daughter in the tax return. I pay 40% of the child care amount to my ex.wife as per the marriage settlement agreement every year. My ex.wife already provided the form 8832.Shall I claim the 100% of the child care amount that was paid or I can claim only the 40% I paid, in my tax return?I am not sure whether my ex.wife claimed 100% or 60% in the tax return last year. Do I need to check with her?Do I need any other forms from my ex.wife?Please let me know
Show More
Show Less
Ask Your Own Tax Question
Answered in 8 minutes by:
3/12/2018
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,117
Experience: Taxes, Immigration, Labor Relations
Verified

The custodial parent is the parent with whom the child lived for the greater number of nights during the year.

The other parent is the noncustodial parent.

Based on your information - you are the noncustodial parent.

.

The custodial parent must use either Form 8332 or a similar statement (containing the same information required by the form) to make the written declaration to release the exemption to the noncustodial parent. The noncustodial parent must attach a copy of the form or statement to his or her tax return.

.

If a child is treated as the qualifying child of the noncustodial parent under the rules for children of divorced or separated parents (or parents who live apart) described earlier, only the noncustodial parent can claim an exemption and the child tax credit for the child.

However, the custodial parent, if eligible, or other eligible person can claim the child as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit.

You as a noncustodial parents are NOT eligible to claim the credit for child and dependent care expenses.

Sorry if you expected differently.

Ask Your Own Tax Question
Customer reply replied 4 months ago
Thanks for your response. As per the marriage settlement agreement, I can claim my daughter in the tax return and as you mentioned, I am the non custodial parent.As per your response, my understanding is that I can claim an exemption and the child tax credit for the child however I cannot claim the credit for child care expenses. Is the understanding correct?

That is correct.

As a noncustodial parent - you may claim the child with attached form 8332.

You are eligible for all other tax benefits besides these five I mentioned above - and you are not eligible to claim the credit for child care expenses.

The custodial parent still is eligible to claim this credit regardless who actually paid expenses.

Ask Your Own Tax Question
Customer reply replied 4 months ago
Thanks for your response. You mentioned five tax benefits in your response. I don't see them in your response. Could you please let me know what are those benefits?

However, the custodial parent, if eligible, or other eligible person can claim (1)the child as a qualifying child for head of household filing status, (2)the credit for child and dependent care expenses, (3)the exclusion for dependent care benefits, and (4)the earned income credit.

Four items - sorry not five - and teh custodian parent if eligible - still may claim these benefits.

Ask Your Own Tax Question
Customer reply replied 4 months ago
My wife and child are in India and I am doing the immigration processing to bring them here. Can I claim them in my tax return?

You may claim your spouse - if you both choose to treat your spouse as a resident alien for tax purposes and choose to file a joint tax return.

Regarding your child - you can’t claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

Ask Your Own Tax Question
Customer reply replied 4 months ago
We got married in February 2017. My wife is still in India and she does not have a TIN number. Can I request one while filing the tax return?

Yes - your spouse may apply for ITIN and attach a joint tax return to that application.

As long as you were married on the last day of the tax year - for tax purposes you are considered as married for the entire year - and you are eligible.

Ask Your Own Tax Question

I appreciate if you take a moment to rate the answer.

Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all Social Security / Tax related issues
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,117
Experience: Taxes, Immigration, Labor Relations
Verified
Lev and 87 other Tax Specialists are ready to help you
Ask your own question now
Phone call session started

Let me know if you want to discuss now or we may schedule a call for tomorrow.

Ask Your Own Tax Question
Customer reply replied 4 months ago
I want to discuss now
Customer reply replied 4 months ago
Please call me

https://www.irs.gov/pub/irs-pdf/iw7.pdf

Ask Your Own Tax Question

https://www.irs.gov/pub/irs-pdf/f4868.pdf

Ask Your Own Tax Question

Regarding your choice to file jointly...

https://www.irs.gov/pub/irs-pdf/p519.pdf

page 9

Nonresident Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

How To Make the Choice
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.
A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Ask Your Own Tax Question

Regarding supporting documents for ITIN application

https://www.irs.gov/pub/irs-pdf/iw7.pdf

page 2

Supporting Documentation Requirements
The documentation you provide must meet the following requirements.
1.
You must submit documentation to establish your identity and your connection to a foreign country (“foreign status”). Applicants claimed as dependents must also prove U.S. residency unless the applicant is from Mexico or Canada or the applicant is a dependent of U.S. military personnel stationed overseas.
2.
You must submit original documents, or certified copies of these documents from the issuing agency, that support the information provided on Form W-7. A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the agency. You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so it is recommended that you contact the appropriate consulate or embassy for specific information.

See attached extract

Ask Your Own Tax Question

Regarding NJ filing status...

http://www.state.nj.us/treasury/taxation/pdf/pubs/tgi-ee/git4.pdf

If you file a federal income tax return, you must use the same filing status on your New Jersey Income Tax return as you do on your federal return

However, if during the entire tax year one spouse was a resident of New Jersey and the other a nonresident, the resident can file a separate New Jersey return, if required.

Ask Your Own Tax Question
Customer reply replied 4 months ago
That means I can file a tax return for New Jersey without including my wife. Is it correct?
Customer reply replied 4 months ago
Even though I file a joint federal tax return for federal
Customer reply replied 4 months ago
With my wife

Yes - that is correct - NJ allows you to file separate tax return based on the fact that your spouse is NOT NJ resident

even you file a joint federal tax return.

Ask Your Own Tax Question
Customer reply replied 4 months ago
You mentioned that the refund check will be on both of our names. The Check needs to be endorsed by both of us. We don’t have a joint account in USA since my wife is in India. How can I deposit the check or shall I ask for direct deposit of the refund into my account
Customer reply replied 4 months ago
Your service is excellent. Did you get a chance to respond to my question?

You may deposit the check into your only bank account - that is not an issue.

Or you may cash the check in any check cashing service.

However - if the check will be in two names - it must be endorsed by both parsons listed.

To avoid issues - use direct deposit.

Ask Your Own Tax Question
Customer reply replied 4 months ago
Ok. I will use direct deposit. That account need not be a joint account, correct. It will be on my name only
Customer reply replied 4 months ago
Did you get a chance to answer my question?

Hi - I do not see any questions - just a statement - please verify?

Ask Your Own Tax Question
Customer reply replied 4 months ago
Will I be able to use an account which is on my name only for direct deposit?

Yes - you may use your only account for direct deposit.

That is not an issue.

Ask Your Own Tax Question
Customer reply replied 4 months ago
Do I need any other forms from my ex.wife other than form 8832? Do I need any form from my ex.wife for New Jersey state tax return?

You do not need any forms from your ex-spouse.

But if you as a noncustodial parent want to claim a child as a dependent - you would need a release form 8832.

New Jersey state tax return will be based on federal.

No additional forms.

Ask Your Own Tax Question
Customer reply replied 3 months ago
My lawyer told me that as long as my ex.wife does not claim credit for child care expenses, I can claim credit for child care expenses. Please clarify.

Please be aware that experts are credited as per question.

I really appreciate if you start posting separate question.

Thank you for cooperation.

Ask Your Own Tax Question
Customer reply replied 3 months ago
Sure. I was about to ask you. You are providing excellent service. I will ask a new question. Please refer this question for details
Customer reply replied 3 months ago
I asked the new question. Please provide the response
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a tax professionalLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lev Your Own Question
Lev
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,117
33,117 Satisfied Customers
Experience: Taxes, Immigration, Labor Relations

Lev is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,512 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,569 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
My son turned 18 December of 2017. He's still in High
My son turned 18 December of 2017. He's still in High School. We live in Washington state. My question is... my ex and I had a court order to alternate kids for tax deduction and credits. Since Ethan … read more
Chad EA, CDFA®, CFP®
Chad EA, CDFA®, CFP®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,465 satisfied customers
I need to file my 2017 tax return. Myself and my ex.wife
I need to file my 2017 tax return. Myself and my ex.wife alternate claiming our daughter in the USA(Federal and State) tax return. This year(2017) I can claim my daughter in the tax return. My daughte… read more
Lev
Lev
Tax Advisor
33,117 satisfied customers
I am in the process of filing tax for the year 2017. Myself
I am in the process of filing tax for the year 2017. Myself and my ex.wife alternate claiming our daughter in the USA(Federal and State) tax return. This year(2017) I can claim my daughter in the tax … read more
Lev
Lev
Tax Advisor
33,117 satisfied customers
Does a divorce agreement to alternate claiming a child as a
Does a divorce agreement to alternate claiming a child as a dependent take precedence over the irs rules regarding support and residency? My daughter and her ex have not kept exact records of custody.… read more
Chad EA, CDFA®, CFP®
Chad EA, CDFA®, CFP®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,465 satisfied customers
I am a U.S. permanent resident who never been employed or
I am a U.S. permanent resident who never been employed or have had any income in the USA, my income comes from my country Iran from my tenants, for sponsoring my childs to come to USA the immigration … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
I got divorced in 1996. In the settlement agreement it states
I got divorced in 1996. In the settlement agreement it states that my ex and I were to alternate claiming the children on our tax returns. I had the first year 1996 and he would have the odd years beg… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
My attorney insist its nothing (personally I think he doesnt
My attorney insist its nothing (personally I think he doesn't care anymore) any translation to #2 please? The parties agree to the following: 1. The parties shall file their State and Federal Tax Retu… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
I am divorced Dad to a 3 year old. My ex and I split joint
I am divorced Dad to a 3 year old. My ex and I split joint legal custody and she has majority physical custody with a 60/40 split in nights. I pay all of my daughters daycare costs. My tax man is tell… read more
fastfile
fastfile
Tax Advisor
Master's Degree
550 satisfied customers
Per our divorce agreement 2012 is my year to claim our child
Per our divorce agreement 2012 is my year to claim our child as a dependent. We both have child related expenses that are deductible. Should I claim all of the expenses since it's my year, or should w… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
My husband has two children from a previous marriage. In the
My husband has two children from a previous marriage. In the divorce decree we are to claim his 6 year old son and the ex-wife is to claim the 4 year old daughter. The daughter is in day care and we s… read more
TaxMomNJ
TaxMomNJ
Tax Advisor
Associate Degree
242 satisfied customers
My divorce agreement states that when my younger daughter becomes
My divorce agreement states that when my younger daughter becomes emancipated, my ex and I will be required to alternate exemption for my son with my ex in odd years and myself in even years. My daugh… read more
abci168
abci168
Principal
27 satisfied customers
My wife and I got divorced in November, as part of the settlement
My wife and I got divorced in November, as part of the settlement I am to claim 40% of the mortgage interest paid in 2010. I am not listed on the mortgage, as when we moved to the USA in 2006 I was no… read more
Lev
Lev
Tax Advisor
33,117 satisfied customers
My wife had a child in a previous marriage. Joint custody
My wife had a child in a previous marriage. Joint custody of the child was an outcome in the divorce. She and her former husband have had a verbal agreement to annually alternate who claims the child … read more
Lev
Lev
Tax Advisor
33,117 satisfied customers
I am in the middle of a divorce. The divorce should be finalized
I am in the middle of a divorce. The divorce should be finalized on or before December 31st. If the divorce is complete this year, am I required to file as "married" either separately or jointly? If s… read more
Jacy
Jacy
Bachelor's Degree
567 satisfied customers
My daughter turns 18 in August. She has graduated from high
My daughter turns 18 in August. She has graduated from high school, therefore child support payments will cease. I have had physical custody of her. As per the judgement of divorce, her dad and I have… read more
Merlo
Merlo
Tax Consultant
558 satisfied customers
My ex and I have a divorce agreement (1995) that allows each
My ex and I have a divorce agreement (1995) that allows each of us to claim our daughter as a dependent in alternate years. She has always lived with me, and he paid monthly child support until she gr… read more
Lev
Lev
Tax Advisor
33,117 satisfied customers
My ex wife and I have a child. I am the custodial parent and
My ex wife and I have a child. I am the custodial parent and my daughter spends more time with me during the year than with her mother. Our divorce decree states we alternate years we claim our daught… read more
Jesse Handel
Jesse Handel
Tax Preparer and Chemist
Bachelor's Degree
3 satisfied customers
I have a child custody and support agreement for my 3 yr ...
I have a child custody and support agreement for my 3 yr old daughter with a women to whom I have never been married. As small part of the settlement agreement, I pay half of the dependent care expens… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x