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Author Topic: Claim child for taxes  (Read 9086 times)

Wfs

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Claim child for taxes
« on: Jan 09, 2008, 02:23:31 PM »
I'm a DH who needs to know if a OM can claim my child for taxes. DW told me I cannot claim my child. DW is not working nor has worked for over two years. She is letting OM she is living with claim my child.

I pay CS every month for my child. DW states she is the only one who is financially responsible for our child. I still cannot figure that one out.

Is there anything I can do?


Ref

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RE: Claim child for taxes
« Reply #1 on: Jan 09, 2008, 02:42:43 PM »
I am not sure about your acronyms but I think I have sorted it out.

You are the non-custodial father. The custodial mother wants to claim the child on her joint return with her new husband.

The IRS states that if a child lives with a parent the majority of the time, that parent gets to claim. It doesn't matter who makes money or child support arrangements. The only way a non-custodial can claim is if the custodial signed a document allowing it or by court order.

Sorry. Maybe this is something you can address if you have to go back to court. I don't think it is unreasonable to ask for ever other year. I wouldn't go to court over this alone though. It isn't worth the $$ and headache.

I copied the IRS wording and link below for your reference.



Children of Divorced or Separated Parents
A dependent is either a qualifying child or a qualifying relative. In most cases, because of the residency test (see item (3) under Tests To Be a Qualifying Child in Table 3), a child of divorced or separated parents will qualify as a dependent of the custodial parent under the rules for a qualifying child. However, the noncustodial parent may be able to claim the exemption for the child if the special rule (discussed next) applies.

Special rule for divorced or separated parents. A child will be treated as the qualifying child or qualifying relative of his or her noncustodial parent if all of the following apply.
The parents:

Are divorced or legally separated under a decree of divorce or separate maintenance,

Are separated under a written separation agreement, or

Lived apart at all times during the last 6 months of the year.

The child received over half of his or her support for the year from the parents.

The child is in the custody of one or both parents for more than half of the year.

Either of the following applies.

The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement made after 1984, later.)

A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2007 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during 2007. See Child support under pre-1985 agreement, later. "

http://www.irs.gov/publications/p504/ar02.html#d0e1405



Good Luck
Ref (Public Accountant)


Giggles

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What does your divorce decree state?...m
« Reply #2 on: Jan 09, 2008, 02:43:20 PM »
That should have been listed in there if not then you may want to modify to get it addressed.  I will assume that OM is Other Male??  If they are not married then he cannot claim them on taxes, if they are married then you may be SOL if it isn't addressed in the decree.
Now I'm living....Just another day in Paradise!!

Wfs

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RE: Claim child for taxes
« Reply #3 on: Jan 09, 2008, 02:58:12 PM »
My ex-wife is not married to this man.

Wfs

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RE: What does your divorce decree state?...m
« Reply #4 on: Jan 09, 2008, 03:20:31 PM »
The divorce said nothing.

In 2006 I claimed my child. My ex told me her taxes were kicked back because I claimed my child. My ex hadn't worked at all in 2006 so I believe the taxes that were kicked was the man she is living with.

My ex is not married to this other man. She told me I could not claim my child this year. I truly believe she will have this other man claim my child. She did not work in 2007 either.



ocean

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RE: What does your divorce decree state?...m
« Reply #5 on: Jan 09, 2008, 03:25:37 PM »
He can not legally claim her. You could claim child. File early and see what happens. You can prove mother is not working and you are supporting child. If she is not working then she should not be filing anything??? Something is not right??? Maybe they are married and she is not telling you?

wysiwyg

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RE: What does your divorce decree state?...m
« Reply #6 on: Jan 09, 2008, 03:35:55 PM »
We have the ability to claim my SS on our taxes.  One year BM also claimed the child and we both got notices from the IRS, it was a computer generated notice that 2 people (not giving the other party's name) had claimed a dependant with the same SS#.  The notice asked us to review our filing and correct and refile if necessary and if we believed our forms to be correct to do nothing.  We did nothing and never heard anything back and we assumed that BM changed her form.

I did find out tho that had BM NOT changed her form either then the IRS would call us both to come in for a meeting to prove who could claim the child.

My point is this - claim your child, let the OM claim as well, I bet the OM will change their form when the IRS contacts you both and perhaps you can at that point decide where you might wan to go with that legally if it arises.

BTW, it took the IRS a year to send us that notice.

Wfs

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RE: What does your divorce decree state?...m
« Reply #7 on: Jan 09, 2008, 03:52:17 PM »
I am sure my ex is not married. It would give her nothing but pleasure to tell me she was married and I would not be able to claim my child. She says that I will get in trouble with the IRS.



She has threatened me countless times about getting more money saying child support is not enough. What she wants is enough money so she does not ever have to work.


mistoffolees

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RE: What does your divorce decree state?...m
« Reply #8 on: Jan 09, 2008, 04:39:15 PM »
>He can not legally claim her. You could claim child. File
>early and see what happens. You can prove mother is not
>working and you are supporting child. If she is not working
>then she should not be filing anything??? Something is not
>right??? Maybe they are married and she is not telling you?

I disagree with part of this.

You are right that the 'OM' can not claim the child if he's not married to CP. However, that doesn't automatically make BF eligible to claim the child.

If there is no court order otherwise, the deduction goes to the parent who has the child >50% of the time. It doesn't matter if that parent makes money or not.

In this situation, it seems that BM would file as head of household claiming the child. Due to various credits, she would probably get money back even though she has no income.

The only way for the father (NCP) to claim the child would be if he can get the mother to sign a form (8532, IIRC) relinquishing her rights to the credit. If the father files without that form, he's likely to end up paying the tax AND penalty later. It might be worth offering her something in return for signing the 8532 form.

mistoffolees

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RE: What does your divorce decree state?...m
« Reply #9 on: Jan 09, 2008, 04:40:57 PM »
>The divorce said nothing.
>
>In 2006 I claimed my child. My ex told me her taxes were
>kicked back because I claimed my child. My ex hadn't worked at
>all in 2006 so I believe the taxes that were kicked was the
>man she is living with.
>

Not necessarily. If you have a dependent child, you can file taxes even if you have no earned income and you will get a tax credit.

 

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