What does the divorce decree say about custody?

Our divorce decree states that we will have 50/50 custody but the children will live with me. It also states we will alternate years (even and odd) for claiming the children on the taxes. On even years when I claim the children, can I claim HOH, EIC, Childcare Expense, and Child Tax Credit?

Can a noncustodial parent attach to a divorce decree?

Post-2008 divorce decree or separation agreement. The noncustodial parent cannot attach pages from the decree or agreement instead of Form 8332 if the decree or agreement went into effect after 2008.

What are the rules for claiming a child of a divorced parent?

Overview of the Rules for Claiming a Dependent Children of divorced or separated parents (or parents who live apart). Custodial parent and noncustodial parent. Equal number of nights. December 31. Emancipated child. Absences. Parent works at night. Written declaration.

When does a divorce decree go into effect?

If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. The decree or agreement must state all three of the following.

What are the forms in a divorce set?

This Divorce Set Contains instructions and seven forms: an Affidavit of Indigency , an Original Petition for Divorce, a Waiver of Service, a Final Decree of Divorce, a Certificate of Last Known Address, a Notice of Change of Address, and an Affidavit of Military Status. The chart on the next page describes each form and when to use it.

Where do I go to file for divorce?

This form must be filed at the courthouse to start your divorce case. It tells the Court and your spouse that you want a divorce and states what you want the Court to order in the Final Decree of Divorce. It is sometimes called the “Original Petition” or “Petition.”

Can a non-custodial parent sign a divorce decree?

If the divorce decree says that the non-custodial parent (parent with less than 50% time) gets the dependents in a certain year, the custodial parent must fill out and sign a copy of form 8332 and give it to the other parent, this releases the tax benefits to the other parent.

Can a court order enforce a divorce decree?

If there are any problems in the future with your ex not following the court order, you will refer to the decree, since it states what each is required to do. If there is noncompliance, you can go back to court to enforce the terms of the decree. A divorce certificate is not a court document.

How does a divorce decree affect a child?

The divorce decree at issue in this case provided that the father would claim the child as a dependent for federal and state purposes for even years and that the mother would claim the child as a dependent for odd years. The child lived with the father 6 out of every 14 nights during the school year and every other week during the summer.

Can a noncustodial parent claim a child in a divorce?

A recent case from the Tax Court explains the special “qualifying child” rule for children of divorced parents. Although it has been in place for decades, the rule still causes confusion, especially among clients. A divorce decree may grant a noncustodial parent the “right” to claim a child as a dependent.

Who is more likely to get child custody in a divorce?

(In fact, some states have passed laws stating that there is no custody preference for women over men.) Despite this change, mothers are still more likely to get custody when parents divorce.

How does physical custody work in a divorce?

Joint physical custody requires parents to share time with their children. It does not need to be a 50-50 split, but if the parents cannot reach an agreement, the courts may impose a schedule. Common arrangements include alternating weeks, months, and/or holidays at each parent’s house.

Can a child live with both parents after a divorce?

Physical custody is the right to have your children live with you after a divorce. The right may be shared by both parents in a joint physical custody arrangement or granted to only one parent in a sole physical custody arrangement.

How does child custody work in a divorce?

Child custody can refer to where your children will live after divorce (physical custody), or who has the legal right to make decisions about their upbringing (legal custody). In each scenario, parents may jointly share the responsibility or the courts may award one parent solely. Below are some key terms to better understand child custody laws.

Do you have to pay child support if your wife has full custody?

It is surprising that you pay no child support if your wife has “full custody”, which I presume you mean primary physical custody. If you are out of state, no child support may be acceptable to a court as a valid deviation. However, if not, you definitely have a duty to pay support (at least $100.00/month).

What does joint physical custody mean in divorce?

Joint physical custody enables both parents to be integral parts of their children’s lives.