I've got 50/50 shared placement and custody am I still ?

Your divorce and child custody agreements are final, get practical tips for moving on with your life after divorce.

I've got 50/50 shared placement and custody am I still ?

Unread postby Beatandtired » Mon Nov 13, 2017 12:49 pm

I've got 50/50 shared placement and shared custody am I still considered the "Non custodial parent"
WHAT?! The "land of the free?"
Whoever told you that is your enemy!
Now something must be done
About vengeance, a badge and a gun
User avatar
Beatandtired
50+ Posts
 
Posts: 65
Joined: Mon Jul 10, 2017 9:00 am

Re: I've got 50/50 shared placement and custody am I still ?

Unread postby Tom Kirkpatrick » Mon Nov 13, 2017 1:37 pm

Beatandtired wrote:I've got 50/50 shared placement and shared custody am I still considered the "Non custodial parent"
We need to know the specifics of your current order. Who pays child support?? Who is residential parent for school purposes?? Who gets IRS, Head of Household deductions?? Do you have parenting time at least 183 overnights per year?? Etc.

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7631
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Re: I've got 50/50 shared placement and custody am I still ?

Unread postby Beatandtired » Mon Nov 13, 2017 6:40 pm

I pay support, I have them 182.5 days a year. I'm not sure who residential parent for school purposes. The school calls us both when they need anything, the school sends us both grades. The courts have not stated anything about who gets IRS hOH
WHAT?! The "land of the free?"
Whoever told you that is your enemy!
Now something must be done
About vengeance, a badge and a gun
User avatar
Beatandtired
50+ Posts
 
Posts: 65
Joined: Mon Jul 10, 2017 9:00 am

Re: I've got 50/50 shared placement and custody am I still ?

Unread postby gamingdad » Mon Nov 13, 2017 6:57 pm

What does your decree say for school placement and stuff?
READ YOUR PAPERWORK BEFORE SIGNING! IF YOU HAVE QUESTIONS, ASK!
gamingdad
1K+ Posts
 
Posts: 1077
Joined: Thu Jul 16, 2015 1:13 pm

Re: I've got 50/50 shared placement and custody am I still ?

Unread postby NorthStar » Mon Nov 13, 2017 8:47 pm

If not stated in current order the parent with 183 ‘over nights stays’ ( or more ) will be eligible for tax deduction. The government does not recognize half days. This usually means each parents could be eligible every other year

Beatandtired wrote:I've got 50/50 shared placement and shared custody am I still considered the "Non custodial parent"
in the eyes of the Child-Support agency the one ordered to pay CS is considered non-custodial.

* edited to correct typo on the number of overnight stays.
Last edited by NorthStar on Wed Nov 15, 2017 12:46 am, edited 1 time in total.
Life's Not Fair! A Fair is where you go to ride rides and eat cotton candy
User avatar
NorthStar
100+ Posts
 
Posts: 119
Joined: Sat Jul 27, 2013 10:01 pm

Re: I've got 50/50 shared placement and custody am I still ?

Unread postby quantum » Tue Nov 14, 2017 12:34 pm

NorthStar wrote:the parent with 133 ‘over nights stays’ ( or more ) will be eligible for tax deduction.


This isn't correct. The IRS clearly defines that child should be atleast 183 days to claim the child on taxes and be HoH
Moving forward with distress behind!
quantum
1K+ Posts
 
Posts: 1340
Joined: Thu Apr 16, 2015 3:27 pm

Re: I've got 50/50 shared placement and custody am I still ?

Unread postby Tom Kirkpatrick » Tue Nov 14, 2017 12:47 pm

Beatandtired wrote:I have them 182.5 days a year.
In terms of determining custodial parent "status," overnights are what count for IRS tax deductions and Head of Household (requires 183 overnights) - unless, of course, your decree states otherwise AND IRS Form 8332 has been signed; granting even vs odd year tax deductions.

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7631
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Re: I've got 50/50 shared placement and custody am I still ?

Unread postby TJinCA » Tue Nov 14, 2017 5:15 pm

quantum wrote:
NorthStar wrote:the parent with 133 ‘over nights stays’ ( or more ) will be eligible for tax deduction.


This isn't correct. The IRS clearly defines that child should be atleast 183 days to claim the child on taxes and be HoH


I suspect that 133 was a typo and should have been 183.

That said, I believe that tax status (which may or may not directly relate to physical custody) and legal custody status (who has authority to make life decisions about health, education, welfare, etc.) are two entirely different things.

And I know that attorneys and courts are sometimes sloppy and the parties often don't pay attention to the details, but seriously, how can it be that legal custody of the child(ren) is not clearly and unambiguously spelled out in the divorce decree?
TJinCA
100+ Posts
 
Posts: 288
Joined: Mon Apr 03, 2017 3:36 pm
Location: Orange County, CA


Return to After The Divorce is Final – Moving On

Who is online

Users browsing this forum: No registered users and 3 guests