Question about how child support is figured..?

[chickenbubbasmom]

I am in CA, and receive child support through DCSS. For purposes of calculating support, under tax information, I am listed as head of household with the children as my dependents. DCSS said it is done that way because I have them most of the time. I am a stay at home mom and ex claims the children on his tax return. Anyone have experience with an issue like this, and if I go to court can I have it calculated with him as head of household/claiming children.?

[ocean]

I am not following ....

You are head of household because that gives you more money back then single and you are no longer married.

He can not claim head of household as he does not have child(ren) more than half the time. So he files single (or married if he is remarried) then claims the kids as your divorce allows him under the dependent section.

[chickenbubbasmom]

Sorry, I wasn't clear...never married to ex, by mutual agreement (not court order) he has always claimed the children, as I am stay-at-home mom and haven't worked for several years. My husband works and claims our two children.
Ex does file head of household on his taxes, although I gather that is incorrect. He claims the 3 children as well. I'm wondering why dcss does not calculate support based on our actual tax filing statuses, and if the court would be obliged to do so or is that just how it is? I am already figured at minimum wage automatically, which is fine since I choose to be home with the children. As it stands the ex is benefiting twice, by claiming the children for taxes, as well as getting the benefit of lower support since he is figured for cs at single/no dependents. I suppose I could just stop letting him claim the children, but no one benefits from that either. Arrgghh, just confused.

[ocean]

NY is a little different so still trying to follow you.

Your ex child support was figured at him being single with no other dependents (if he had an older child by different mom, that child would her child support figured first , then yours).
So that part is right.

You "allowing" him to get tax deduction in the past was not figured in if it was not court ordered.

Few ideas:
Allow him to continue to claim them. Is there a reason this came up?
You can do alternating years since you are filing a tax return with your current husband.
You can each claim one child every year.
You can figure out the difference in the refund for both of you and work together on what is the best option. You would get money for them as kids are big deductions but at the same time, he is supporting them since you are not working as many states do not enter step parent incomes.

[Kitty C.]

DCSS and the IRS are two separate entities and one has nothing to do with the other.  CS has nothing to do with filing status, only the income of the parents.  DH had this issue when he paid CS....she claimed HoH for tax purposes, but DH got to claim SS on his taxes every year, as long as his CS was current.
But I am confused, too.....how can both your ex and current husband claim the children?  We had that happen one year, when BM thought that DH was behind as of Dec. 31st.  We filed right away, claiming SS, then went round and round with her about it.  We even handed her a notarized letter from CSRU stating he was current, but she filed anyway.  Just prior to Christmas that same year, we got a letter from the IRS stating that a SSN that was on our return was also used on someone else's, and it was SS's.  It included a form and the letter stated that if we'd filed in error, we were to fill it out and send it back, but if we were correct, to disregard the letter.  I can only assume BM got the same letter, but we couldn't get BM to tell us what happened.
If your ex is claiming the kids by mutual agreement (and you don't say how many years he's been doing this), then a precedence has been set, especially with the IRS.  To change it could possibly raise red flags with them.  IMO, whomever claims the children with the IRS needs to be clarified and possibly court-ordered, so there's no question. You certainly don't want the IRS to come back at you down the road!

I know that your original question was regarding CS being calculated via IRS filing status, but that's a non-issue.  WHO claims the children, IMO is the bigger issue.

[tigger]

It sounds like in her state, they calculate the possible decreased tax liability (by claiming the kids) as income when figuring CS.

[MixedBag]

Kitty -- I believe CA is a different animal -- they use your tax status somehow in calculating Child Support -- no direct experience here but have read other situations elsewhere about this -- mainly because the Step-spouse is concerned their INCOME will be used when it's really used to just determine what bracket the parent is in etc.

Not sure any of us can help or give good advice abou details like that.

I think I'd rather say -- go look a little harder around on the internet for a California Child Support Calculator -- thinking also "divorcesource" might have other members who are IN California and can share advice based on personal experience.

I also seem to remember that time with the child factors into the formula much more so than other states.
My initial gut says that you have to look at how it would be just with the two parents and child -- One becomes custodial and HOH, the other Single and go from there.     That's how the formula's are probably set up with that assumption -- and what happens afterwards (additional kids and marriage) is not relevant.

That being said -- in mediation -- we were taught that the primary residential parent takes the child as a deduction and that 99% of the time a court will NOT award the tax deduction to the other parent.  Doesn't mean it can't be negotiated away and that a deviation from the normal guidelines can be done, but DCSS or the child support folks won't touch it then.  They go strictly by the book and what's normal.