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Additional Details
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Amy | How can I stop Ex from claiming my son on his taxes. ? |
It specifically states in the divorce decree that if it is one of the parents turn to claim the child, but they are not current on child support, then the other parent claims the child. My ex is behind about $1000, but I don't speak to him.. so I don't know what he plans on doing or even if he has our sons social # |
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Prisock's Wife
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hi amy,
it states in my divorce papers that my ex gets to claim our son every third year, but the irs does not give a bulls nut about divorce papers. it is like a race for us every year, i always have my taxes ready by jan 15 and go ahead and pay someone to submit them. that way my sons social is already claimed through the irs and when my ex tries to claim him they reject his claim. it is also a law with the irs that whoever the child lives with for 7 or more months out of the year and who gives more than half of the support claims the dependant, which is you. i know it sucks but you are going to have to beat him to it this year. go ahead now while you have about 2 weeks and get ALL your paperwork filled out. you should be able to submit your taxes on jan 16th. make an appointment the earliest that you can for that day and go ahead and get your babys social in the system. the irs does not care about child support, or divorce papers. call them dear, i have, i do every year before i claim my son and write down who i talked to and what was said, i also make sure they notate on my account what was said before i get off the phone with them. my ex tried to claim our son one year that it was his actual turn by the divorce papers to claim him, and once i turned in the necessary paper work, the ex had to pay back over 4000.00. they dont play and they dont care about divorce papers. i hope this helps you out! |
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v b
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If your divorce decree is as you describe it, it's worthless from a tax point of view. The must-be-current-on-child-support is a condition and the divorce decree must be UN-conditional.
So, in the absence of a valid decree, the IRS goes by who has custody. I take it that is you. Unless you SIGN an 8332, the IRS would argue that you are the ONLY one who can claim the child.
File.
Plan on filing by mail. If he files first and claims the exemption, your efile won't go through. If you normally use a paid preparer, plan on paying for the service up front and not out of your refund.
Put all records that show the child lived with you in a safe place. You will need them.
Here's what will happen. The IRS will see two tax returns claiming the came child. The valid combinations are either the custodial parent claiming the child for exemption, child tax credit and eligibility for HOH, EIC and child care. OR, the custodial parent claims eligibility for HOH, EIC and child care and signs off on the form 8332 (or "similar document") to the non-custodial parent who can then file for the exemption and child tax credit only. The non-custodial parent must attach the 8332.
So with two claims, the IRS will start asking questions. If the case of the form 8332 or similar document, the decree doesn't count, though he probably attaches it anyway. If someone at the IRS actually read the document, they'd see the "child support" issue and mark it invalid.
If he goes further and claims he had custody, then both of you will be asked to send in paperwork showing where the child lives. |
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wartz
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IRS doesn't give a hoot what your divorce decree says; it only cares who provides the majority of support to the child. As a general rule, the parent who has possession of the body gets the exemption. I suggest you file your return as early as possible so you get there first. If your ex claims your son, IRS will sort it out later. You will win. |
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sumbumblebee
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The best thing you can do is file as early as you can and claim your child. If he then later tries to claim the child as well, then the IRS won't allow it. If he argues, you have the law on your side, but it's his responsibility to try and prove otherwise. In the meantime, you don't really have to do much of anything. If, on the other hand, he files first, then it will be your responsibility to contest his claim, which is a pain. So file early, and file electronically.
Good luck! |
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Judy1
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A decree that makes claiming the child contingent on anything, like on child support, does NOT meet IRS rules so will not affect the claim.
If the child lives with you, you claim him. If your ex files first, you won't be able to efile and claim him, you'll have to mail in your return. If you both claim him, the IRS will investigate and disallow his claim. |
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kaligirl...xxx
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All you can do is assume that he isn't going to claim him. If he is behind then by law it is your rigth to claim im on your taxes.. alot of parents don't have the SS #'s of their children.
If you happen to speak with him then mention to him that you plan on claiming him. If he does it anyways, that is his own bad. Just make sure you file as early as possible. It will just through a red flag on your ex and he will possibly get audited! |
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Tim
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Talk to your divorce attorney. He may need to receive a letter. |
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ForbiddenFruit
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Threaten to turn him in to the IRS |
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liveNlearn
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yeah, make sure that you talk to your attorney or talk to your district attorney about the child support, and see that if he does claim child support that the money is given directly to your child. |
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Robbie
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Tim is right. Call your divorce atty. |
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jim b
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Have another baby.......with me.........let's start trying today!....lol |
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Jennifer Hawk
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My ex has convinced my 14 and 16 year old that I have stole their child tax credit all these years and that it should be going directly to the children. Does anyone know where I can find where the income tax has to be spent. I use it to pay off credit cards for clothes, shoes, meals, whatever I couldn't afford to pay for with cash through the year and whatever is left, the kids get clothes or whatever. |
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