Tax question

[snapplegirl69]

My df finally got ss social security number.I want him to claim him on his taxes since bm and her mother have been claiming him every year.df and bm were never married,so he doesnt need a 8820 form signed by her.Now bm has been on welfare for half of the year,which means she is not supporting him,the state is.When they both submit their taxes,will df get the money because he actually supported him and can prove it?

[Ref]

1.The rules have changed. Now you do need the custodial to put in writing that he may claim the child, married or not. Next time you go to court you can ask for him to be able to claim the child and hav it in writing. Hopefully there wont be a next time though and this will be your biggest problem.

2. Please think about whether the value of the return is worth making things more difficult. If you save or make and extra $50 bucks a year, it may just be a fight you pass up. Calculate his taxes both ways and measure you options.

Good Luck
Ref

[snapplegirl69]

Hello.Since ss lives with bm,she will get one of the tx credits every year

[Ref]

I'm not sure if this is a question or not.

Still, you really have to decide whether it is worth fighting for or not. Not only would you have to pay to go to court over this ($$$) but also ex's pain-in-the-assness will increase substantially. Is it worth the $1,000? If there are lawyers involved, you could actually lose money on the fight and cause trouble with an ex with ALL THE CONTROL (i.e. stepson's ea the majority of the time)

I suggest that you let this one go. I know you are right, but sometimes you have to let go stuff that will just cause more trouble than it is worth.

Sit on it. If your DH's ex is as evil as mine is, she will do something serious that you can take to court and you can ask for this as well. Depending on the age of your SS, you probably will go to court for CS at least once in his life. Use this as an oppotunity.

Take care,
Ref

[snapplegirl69]

Thanks.We are going to ask.She MIGHT..lol...Agree,but only because then she will think we owe her

[patton]

Is the mother claiming him or the grandmother?  You didn't make that very clear.

I know when I didn't have custody and the mother did, I still claimed child.  The grandmother was trying to claim him.  The NCP will override a grandparents claim kf they can show all the IRS criteria.  The IRS is very specific about what they want from you say if the father claims the child and then the grandparents claims the child.

There are five tests you have to meet:

The IRS is NOT concerned about the court order CP or NCP, unless it's specifically stated in the court order.

 
http://www.irs.gov/publications/p501/ar02.html#d0e3613

This website above will explain in detail about unmarried parents and who can claim them.  But be prepared to PROVE everything, the IRS will ask for PROOF and I mean receipts, letters from schools, daycare, churches/pastors.  Proof of mortgage/rental, utility bills.

 

[snapplegirl69]

We dont know who is claiming ss yet.Probally mom.I went to that website,but some things are not clear.ss lives with bm.bm has been on welfare for half of the year,therefore,my dh has supplied more of his income for support.It doesnt state anything about that.

[Ref]

Here is the language you need for determining if your child is your dependent:

"Children of divorced or separated parents.   A child will be treated as the qualifying child of his or her noncustodial parent if ALL of the following apply.
The parents:

1. 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. (YOU PASS THIS TEST)

2. The child received over half of his or her support for the year from the parents. (YOU PASSED THIS TEST)

3. The child is in the custody of one or both parents for more than half of the year. (YOU PASSED THIS TEST)

4. A decree of divorce or separate maintenance or written separation agreement that applies to 2005 provides that the noncustodial parent can claim the child as a dependent (and, in the case of a pre-1985 agreement, the noncustodial parent provides at least $600 for the support of the child during the year) or the custodial parent signs a written declaration that he or she will not claim the child as a dependent for the year. (YOU FAILED THIS TEST)


Written declaration.    The custodial parent may use either Form 8332 or a similar statement (containing the information required by the form) to make the written declaration to release the exemption to the noncustodial parent.  (THIS IS WHAT YOU NEED)

  The exemption can be released for 1 year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration.

Custodial parent and noncustodial parent.   The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent.

  If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year. "



AND for parents who where never married, it states that the same rules apply.

"Parents who never married.   This special rule for divorced or separated parents also applies to parents who never married. "


In other words. You need written declaration from the custodial parent OR have it entered into your parenting agreement that you get to claim the child.

This is what they call the "tie-breaker" Rule.

Table 6. When More Than One Person Files a Return Claiming the Same Qualifying Child (Tie-Breaker Rule)

Caution. If a child is treated as the qualifying child of the noncustodial parent under the rules for children of divorced or separated parents, see Applying this special test to divorced or separated parents.

IF more than one person files a return claiming the same qualifying child and . . .   THEN the child will be treated as the qualifying child of the. . .
 
only one of the persons is the child's parent,    parent.  (DOES NOT APPLY)

two of the persons are parents of the child and they do not file a joint return together,    parent with whom the child lived for the longer period of time during the year.    (I THINK YOU LOSE THIS ONE)

two of the persons are parents of the child, they do not file a joint return together, and the child lived with each parent the same amount of time during the year,    parent with the highest adjusted gross income (AGI). (MIGHT WIN THIS ONE IF YOU HAVE = PARENTING TIME)

none of the persons are the child's parent,    person with the highest AGI.  (DOES NOT APPLY)

Good Luck
Ref

[dsm]

Leave the taxes be for right now.  It would be a better fight and give you something to stand on to request a modification to your order to give your bf an order stating that he claims his son for tax purposes.

It doesn't matter that she has been on welfare.  If she worked at all, she will still be able to claim taxes and unless she is on another planet, she would claim the child - especially with him living with her.

It's not worth having the IRS come in and audit and question every line....get the order changed and then go forward from there.

JMHO of course and not legal advice.....

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[Avaya]

Has the child never been claimed on a tax return?  If bm is only on welfare and doesn't have a job, I'd be tempted to just claim him since it's likely bm wont file one and claim him.  Then you wouldn't have to get her permission or provide any attachments to the return.  

And if df means dear fiance, speaking from vast experience, I highly recommend just staying out of all of it completely until there is a marriage.  The worst thing a girlfriend/fiance/live in can do is become involved in things like this and it's never worth the trouble.