Question re: Taxes and co

[Imom]

Dear Soc have a questions for you, We are still working on that stipulated order to the co, we wanted to know if there could be wording added pertaining to Taxes, Dh wants the co to still read as below, but  with a stipulation that only the bio parent can claim the child and that if the bio parent is not claiming/filling taxes thus would not be claiming the child in their asigned year they must inform the other parent in writing by such date and provide all necessary documents so that parent may claim the child for that year. This is what the co states as of now:


7. Tax Exemption: The father shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependant for tax purposes for the even years. The father agrees to execute any documents necessary for the mother to claim said child during the odd years.

The mother shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependent for tax purposes for the odd years. The mother agrees to execute any documents necessary for the father to claim said child during the even years.

We know that bm let a boyfriend claim the child in 99 and then in 01 her grandparents did.  Dh wants the right to claim the child if she is unable to.


1. Could something to that effect  be added
2. How should we state it, we don't think it would be necessary to exchange w2s or anything, if it is stated that she must inform she will.

[socrateaser]

>1. Could something to that effect  be added

Yes, and your wording is ok.

>2. How should we state it, we don't think it would be
>necessary to exchange w2s or anything, if it is stated that
>she must inform she will.

Bottom line, if a court order awards the exemption, then the IRS will accept the award. The typical means is to order each party to execute IRS form 8332 as necessary, and do this simultaneous with the signing of the stipulated agreement.

[Imom]

I may not stated my facts the way I should have, my fault, but I may have figured out my own answer per IRS site.

Let me just ask this question this is what we are trying to figure out, I will answer if you have any.

Bm gets married and only her new hubby works. As of now bm get the exemption for odd years. Say her and the new files jointly she still get to claim the child. Even though she has no icome to claim, she is still filing.

1. Is that correct?

[socrateaser]

>Bm gets married and only her new hubby works. As of now bm get
>the exemption for odd years. Say her and the new files jointly
>she still get to claim the child. Even though she has no icome
>to claim, she is still filing.
>
>1. Is that correct?

Yes, that's correct. She can file jointly and the exemption will apply to her return. If you believe that she is underemployed and hiding behind her husband's income, then you can file a motion to modify support and allege that the she has earning capacity greater than her actual income. If you prove your case, then the court must impute income to her, even though she is not working. This may reduce your child support obligation.

[Imom]

dh is the cp, has ss 9 months out of the year,  bm pays no support (none is ordered).

I was confused as to a third party. I was not for sure if that would be concidered as a third party trying to claim the exemption.

[Imom]

Sorry for got to say Thanks.

[socrateaser]

>dh is the cp, has ss 9 months out of the year,  bm pays no
>support (none is ordered).
>
>I was confused as to a third party. I was not for sure if that
>would be concidered as a third party trying to claim the
>exemption.

This is not a third party attempt to take the exemption. A joint return is the sum of the rights of the filers, therefore spouses may combine their exemptions and deductions to reduce their combined tax liability.

Now, if she filed separately, and the husband took the exemptions, that would be prohibited.