Will my husband get to claim his boys on his income taxes now that’s he might have to pay child’s support? 6 Answers as of May 27, 2013

My husband and I are married his boy’s mother is filing child support will are marriage be and bills taken in consideration. Will my husband get to claim his boys on his income taxes now that’s he might have to pay child’s support? How much will they take out his check although we have a daughter too and he hasn't been at his job not even a year yet.

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Law Offices of John S. Keating
Law Offices of John S. Keating | John S. Keating
Yes, the fact that you and your husband have a daughter of your own will be taken into account, as will your husband's current income and other financial circumstances. Whether he gets to claim his sons (or at least one of them) as dependents on his tax returns will be for the judge to decide, but that is something your husband (or his attorney) should be sure to ask the judge.
Answer Applies to: Massachusetts
Replied: 5/27/2013
Mavrides Law
Mavrides Law | Marcia Mavrides
First, your husband should request from the court that he be able to claim his boys as dependency exemptions. Otherwise, under the IRS code, the custodial parent (mother) will automatically be able to claim the boys as dependency exemptions even if father is paying child support. The amount of support he will have to pay is based on the Massachusetts Child Support Guidelines. You should get one of these forms and fill it out. You can find these forms on some court websites, and I also have forms on my website, www.mavrideslaw.com. Look under the support tab. Good luck.
Answer Applies to: Massachusetts
Replied: 5/27/2013
Webster & Associates | Anita Webster
Normally, the primary custodial parent gets the tax deduction unless the court orders otherwise. If you share joint physical custody, the court normally alternates the years that each of you can take the tax deduction. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.
Answer Applies to: Nevada
Replied: 5/27/2013
Kunin &Carman | Ishi Kunin
The general rule of thumb is that the primary custodial parent claims the child.
Answer Applies to: Nevada
Replied: 5/27/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
The court will apply the Idaho Child Support Guidelines. They take into account the income of both parties, the amount of time the children spend with each parent and whether either parent has other children. Health insurance and other expenses may come into play. In a way it doesn't really matter who gets the tax deduction, because whoever gets it has to pay the other parent for it. However, the deduction, unless agreed otherwise, goes to the parent who has the majority of custody of the children, which sounds like in this case it will go to mom.
Answer Applies to: Idaho
Replied: 5/24/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Without additional information and a review of the judgment of divorce it is impossible to answer any of your questions. You should see an attorney. I can tell you that your husbands current situation, and additional child, will be taken into account in determining his child support liability.
    Answer Applies to: Michigan
    Replied: 5/24/2013
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