Comments on: How do I prove for tax purposes that my children live with me? (separated/divorce pending)?

By: will_work_for_trump

will_work_for_trump — Tue, 29 Sep 2009 14:57:59 +0000

The above answers are good. However, in cases with shared custody you should keep a calendar and note the nights the kids spent at your house. Whoever has more nights during the year wins the custody issue. Jim Kirby, CPA/PFS, CFP, CFS
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By: Judy

Judy — Tue, 29 Sep 2009 14:17:59 +0000

Things like school records and doctor’s records can go a long way. If it comes to a fight, and it sounds like it might, ask them what they want to see – your ex is going to have a real hard time coming up with much, but there is still that common thought that the kids are probably with mom, so you might need a little more to bolster your case. You might end up looking for letters from coaches, neighbors, pastors, scout leaders……etc etc etc You might even end up with an IRS agent at your home and that of your ex checking on where the kids sleep.

Good luck.
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By: chatsplas@sbcglobal.net

chatsplas@sbcglobal.net — Tue, 29 Sep 2009 13:31:59 +0000

You file them electronically, then if your return is rejected because she filed first, you offer proofs, and submit your return by mail. School registration, showing your address is one proof, medical records, if there is any Medicaid, insurance, anything. Even pool passes, and rec/sports program registrations can be used. Plus your letter explains the situation. If you filed for divorce and state children live with you, copy that. Happens all the time and the IRS is used to dealing with it, and is pretty quick about it. If no court order, no written agreement or relinquishment, custodial parent prevails. Parent with custody for the most of the year.
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By: Doctor Deth

Doctor Deth — Tue, 29 Sep 2009 13:20:59 +0000

school records? – if your ex lives in another town, she would have to show school records for that school district – or the kid’s school records should show your address
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By: feilefoo5k

feilefoo5k — Tue, 29 Sep 2009 12:54:59 +0000

Court documents showing that you have custody, and/if there is child support that you are receiving. If you don’t have written custody, it’s hard to prove that they live there. If the IRS is asking, and the kids are old enough, they can be interviewed about where they lived. If the IRS isn’t asking, and you both claimed the children, you should have your receipts for things purchased for the kids that wouldn’t be purchased with out them in the home.
If it’s joint custody, without child support, then you might both be able to claim the kids.
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By: Heather M

Heather M — Tue, 29 Sep 2009 12:16:59 +0000

If the children are in school, then you can send then a copy of the records with your address on them. Any kind on medical that has their name, but your address, and stating that you signed as their guardian.
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