Support and Taxes Question

[gemini3]

The current order stipulates that we rotate claiming the children on our taxes.  I've petitioned for a custody change.  If I'm successful, can I ask for the order to be revised so that she cannot claim the children unless she provides more than 50% of the support for them?  

What if I'm not successful?  Can I still get that part modified?  She has no income, so I'm basically providing all of the children's support.  I don't think it's fair that she be able to claim them when she's not paying for them or paying any taxes - I'm paying all the taxes on the money she gets.

Any thoughts?

[Jade]

>The current order stipulates that we rotate claiming the
>children on our taxes.  I've petitioned for a custody change.
>If I'm successful, can I ask for the order to be revised so
>that she cannot claim the children unless she provides more
>than 50% of the support for them?  
>
>What if I'm not successful?  Can I still get that part
>modified?  She has no income, so I'm basically providing all
>of the children's support.  I don't think it's fair that she
>be able to claim them when she's not paying for them or paying
>any taxes - I'm paying all the taxes on the money she gets.
>
>Any thoughts?

You requiring her to provide more than 50% of the support to get the exemption is not going to fly, the judge will probably order (if he changes custody that is) that the exemption remains the same as it is now.  But you can get a judge to sign off on tieing it into her being current with child support.  

[gemini3]

Why wouldn't that fly?  Your opinion on it anyway.  If If the child is living with me for more than half of the year, I'm paying all of the support (she has no job), why should she be able to claim dependents?  I'm carrying all of the financial burden.  Isn't that why the deduction exists in the first place?  To relieve some of the burden on those who are raising children?

[mistoffolees]

ANYTHING in the order can be modified. It's simply a matter of convincing the judge.

It is going to depend on whether you can convince the judge that it's the right thing to do - particularly for the children. In this case, with her not having any income and you providing all of the support (especially if you get physical custody), I would say it's a very reasonable thing to ask the judge. Unfortunately, only the judge can tell you whether 'reasonable' is good enough.

I would put together a case showing that you'd have more money available for the support of the kids if you have the tax deduction. If possible, include the TOTAL of available money for both you and your ex - although this might not work out as well as you think since she may be claiming various credits for the kids which make it look like the two of you are better off with her having the deductions. HOWEVER, read the tax rules carefully. I believe that she loses all of those credits if you have custody, so there should be a clear financial advantage to you with you having the deduction and no loss to her. If you can show that, I'd guess that you have a good chance.

[mistoffolees]

ANYTHING in the order can be modified. It's simply a matter of convincing the judge.

It is going to depend on whether you can convince the judge that it's the right thing to do - particularly for the children. In this case, with her not having any income and you providing all of the support (especially if you get physical custody), I would say it's a very reasonable thing to ask the judge. Unfortunately, only the judge can tell you whether 'reasonable' is good enough.

I would put together a case showing that you'd have more money available for the support of the kids if you have the tax deduction. If possible, include the TOTAL of available money for both you and your ex - although this might not work out as well as you think since she may be claiming various credits for the kids which make it look like the two of you are better off with her having the deductions. HOWEVER, read the tax rules carefully. I believe that she loses all of those credits if you have custody, so there should be a clear financial advantage to you with you having the deduction and no loss to her. If you can show that, I'd guess that you have a good chance.

[ocean]

I agree..you best shot is tying it to child support...maybe "lower" her amount in and you get the tax deduction every year.....or that she has to be current on her support as of Dec 1st....Even if she does not have a job, she should be paying some sort of support.

[notnew]

You need to get custody and then you can ask for this.

She is going to be ordered to pay CS if you get custody. If I were you, I'd wait until the custody decision is handed down and then you or your attorney can request this of the judge at that time and place it in the order.

The custody part is more important then the money part right now IMHO.