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Author Topic: never married NCP's no longer can claim exemptions?  (Read 7921 times)

Ref

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Could you post exactly where you got that information?
« Reply #10 on: Dec 16, 2005, 05:04:30 AM »
I was looking at the code at it appears that a strange pre-1985 agreement clause was put in, but that's it. This is what I have as it pertains to noncustodials.

"Noncustodial parent.   Under the special rule, the parent who did not have custody, or who had it for the shorter time, is the noncustodial parent. The noncustodial parent is treated as the parent who provided more than half of the child's support if any one of the following three conditions is met.

1.The custodial parent signs a written declaration that he or she will not claim the exemption for the child, and the noncustodial parent attaches this written declaration to his or her return.

2. The custodial parent signed a decree or agreement executed after 1984 that states that the custodial parent will not claim the exemption for the tax year, and the noncustodial parent attaches the appropriate documentation to his or her return.

3. A decree or agreement executed before 1985 provides that the noncustodial parent is entitled to the exemption, and he or she gave at least $600 for the child's support during the year. This is true unless the pre-1985 decree or agreement was modified after 1984 to specify that this provision will not apply.


http://www.irs.gov/publications/p504/ar02.html#d0e1130

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babymine

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Just wondering......
« Reply #11 on: Dec 16, 2005, 07:52:24 AM »
In my case, I am the CP, and we were never married.  We have a custody order, and he pays CS, which we figured ourselves to be about half.  I have already given, in the custody order, him the right to claim our son every other year.  Should he attach a copy of the order, or should I sign the form, or both?  Man, the IRS sure does make things as difficult as they can!

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Documentation required
« Reply #12 on: Dec 16, 2005, 08:48:34 AM »
The NCP would just attach the order. No other documents are required.

Good Luck
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ER

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RE: Documentation required
« Reply #13 on: Dec 16, 2005, 08:54:08 AM »
Please explain this further as I am still ocnfused.

I am the CP and recieve CS from my ex in the amount of $237.00 monthly. She gets the exemption only because my attorney gave it in the parenting plan without my consent. 2005 Tax year will be the first my ex will claim our son but I have never signed any forms or papers or was told I had to.

I am currently filed a motion to change this back since she gets another exemption from her daughter.

Our custody trial was done in Feb of 2004, did this rule change after or before that date and how does that apply to my situation now?

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An order is an order until it is changed
« Reply #14 on: Dec 16, 2005, 07:17:35 PM »
regardless of whether it is your choice or your lawyer's mistake.

If your current order states that your ex gets the exemption, then she gets the exemption. The only way to remedy this is to get your order changed again. I think this is more an issue to take up with your attorney than anything to takeup with your ex.

All your ex would need to do is show evidence that she has the legal right to the exemption. There is no need for her to go any further by getting your permission on top of that.

Shoot, if DH's ex could simply use the excuse that her lawyer made her do it for not giving DH what he was entitled to, sure as sh*t she would do it. It sucks for you but I can't tell you the kind of hell DH would go though if his PBFH could claim ignorance and get away with it.

Good Luck
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ER

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RE: An order is an order until it is changed
« Reply #15 on: Dec 16, 2005, 07:55:57 PM »
Well, I am learning the hard way from bad attorneys I guess.

Our parenting plan has a lot of holes it.  I am motioning the court to vacate it and submit a new one based on the ambiguitites whihc have casue nuremous problems with shcool and medical and just about everything. I still cannot figure out how a judge let it go.

I thought of asking the modification to be every other year rather than giving my ex every year. I was told by my accountant that I still get the earned income credit, she does not. Unless I am wrong, I beleive it still somthing.

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We've been burnt by that before too
« Reply #16 on: Dec 17, 2005, 06:43:17 AM »
DH's original attorney was horrible. I cringe whenever I read his old divorce decree. He agreed to "reasonable visitation" and a life insurance policy that was 100 times the value of his future child support. BM gave DH NOTHING but 2 vistations a year. So he had to go back to court to get a new one. This one is much better but it is still pretty crappy.

Back to your tax issues, I would give the change to every other year a shot. Eather that or, if the amount is substantial, get the CS upped to adjust for it. I only know about Florida CS rules, but they do that.

To let you know about my background, I am a public accountant however, I specialize in auditing not tax. I know about taxes but I am by no means an expert. From looking at the code, it seems that the only way you would get the EIC is if your divorce decree states that she is only entitled to the dependency exemption. Otherwise, the same rules apply. If your decree only states the she gets to claim your child as a dependent, then she should get all.

If it just says that your ex has rights to claim the children as dependents, I would check again with your accountant.

There are 2 items that you may be able to claim that your ex can not. The first is Head of Household status based on your child dependency. (If she has other children, she may be able to get the status based on them). She also cannot claim Child Care Expenses on the child. You may be able to do that (if other qualifications are met).

Good luck
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ER

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RE: We've been burnt by that before too
« Reply #17 on: Dec 17, 2005, 10:01:49 AM »
Well, I also file for CS increaase dur to a change in circumstances based on information given. First off, my ex and I never married. My ex showed a w-2 in court last year of $4,000.00 less than her yearly salary when we were together. My attorney never asked for her tax returns no tried to go after "potential earnings" based on her degree and capability to earn.

Well, just 5 months after our trial we had to go to SSI for our son for disability because my ex felt she was being cheated out of money by paying CS and she is also a SW and knows the system well and how to work it. So upon gven out income information, she hands over pay stubs which amount to much more than she reproted for total income last year. In fact it was $8,800 month a year. Now given that she gets a salary and not paid hourly, this increase of $8,000 plus is pretty steep for her position given she does not have a master degree and even that increase is not likley in her agency. Also to consider is the fact that even if she went part time to year of our custody battle and her income stated in court was true, going full time this year would never give her that increase in income for her position or any other as well. I beleive there was some documentation fraud done IMO.


She has a daughter previous that she gets full right off for. Our plan states only she gets to claim our son and nothing more or less, no details. My accountant says I do get head of houshold and the EIC as well as expenses that's it. She only gets the exemption judging by our court papers.

It is truly a nightmare because the parenting plan is a mess from the get go. I believe both attorneys seen the money from our families and figured we would keep it going as "Security" from them. A last name should not have a difference on how to protect a child but in my town and case, money does buy you whatever you want.

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Are all ex's SWs?
« Reply #18 on: Dec 17, 2005, 03:09:03 PM »
Ours is too. Now that I think about it, it is a good fit for her. She has been playing the system for about 10 years now. She will be very good at her job.

She also hides her income. She stated when Dh last went to court that she only makes $1000 a year. No, she is not remarried or dating anyone. She says that that is how much she contributes to her household while DH pays $800 a month in CS. F'ed up huh?

Good luck with everything. We have less than 1200 days left until the last CS payment and counting.

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ER

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RE: Are all ex's SWs?
« Reply #19 on: Dec 18, 2005, 06:49:33 AM »
I will never get involved with a SW again no matter what!!! Yes, there may be good ones out there but where??

My ex was famous for using the "system" before I met her. Her daughter was on medicare and she got all kinds of assitance while my ex went to college and had "daddy" pay her under the table. She was making more money than her job paid her when she first started!

ANother thing was when our son was born (I found this out through medicaid) She applied for insurance suppliment to pay the hospital bills and lied to the SW that I was not in the picture, yet she told them she was living in my house. I got a letter one day for CS and prosecution from job and family serivces and she blew it off telling me it was just something they do because of being a SW and not being married. Stupid me beleived it but she signed off on not pursuing the CS and they canceled the medicaid.

When I discovered this when I applied, they told me it was closed and she could loss her job but guess what???? She did commit fraud but the Agency swept it under the rug. So they do protect their own!!


 

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