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Unfair treatment for Council Tax |
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I have just set up a new email address to complain about petrol & diesel prices in the UK. Please join me and? |
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I made a loan to my mother, she paid it back with interest - how do I report the interest she paid to the IRS? |
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I made 35,ooo this year will I owe the Irs? |
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Can someone show me the law that requires me to pay personal income tax? |
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Is It Wrong To Steal Your Friends Hair? |
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Do I have to pay taxes on my points?? |
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What happens if you missed filing taxes? |
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Would my whiskey purchases qualify as tax deductible business expenses? |
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Received letter saying i owe nat. insurance from two years ago? |
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Stacie C | How do I stop my ex husband from claiming one of the kids on his taxes? |
My ex husband can claim 1 of the girls on his income taxes as long as he is compliant with the court order of visitation and child support. He is not compliant and is also now being investigated for molesting the oldest girl. I want to claim both on my taxes I have full legal and sole physical custody. How can I stop him from claiming 1 of the girls this year? Can he take me to court for not letting him claim 1? Thanks. |
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v b
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Plan on having your tax return mailed in. If you go to a paid preparer, be prepared to pay the fee in cash. There is no way to prevent someone from filing first.... The IRS will accept the same SSN on a mailed in return and will immediately start investigating.
You need to keep the records that show you have custody in a safe place because you'll need to show them.
Your ex-husband can *only* claim the one children for exemption and child tax credit purposes if he attaches a SIGNED form 8332 (or similar document--your decree appears to mention child support which means it's not good enough). if he's found to have filed without the form, he'll lose. If he files and tries to claim EIC, he can be barred from the EIC program for 10 years. |
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ninasgramma
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Your court order is void if it links the tax exemption to child support.
You cannot stop him from claiming the child, but you can claim the child yourself and let the IRS sort it out. Sounds like you would prevail.
File ASAP. |
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Judy1
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File and claim both kids yourself.
If he is claiming the one by relying on a court order that says he can if he is compliant, the court order doesn't meet the rules to be valid - it would have to be without condition.
So since they live with you, you can claim them. If he does too, the IRS will send you both a letter asking you to prove you have the right to claim them. You'll win. |
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mary z
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You should haul him in before the judge if he is not paying child support. He cannot file taxes if he is in jail. |
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acmeraven
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If he is not current and not in compliance with the court order he has not a leg to stand on. Claim them both and have your paperwork in order in case he claims one and the IRS checks out the facts. Do your return ASAP and let him eat dust. |
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MadMan
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Submit your taxes asap. If he is not compliant, there is nothing he can do. Talk to your lawyer asap. |
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src50
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You can't stop him from claiming her. What you can do is also claim her. The IRS will then require both parties to substantiate their claims. |
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Jerry
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The IRS ignores divorce agreements for claiming kids. File first and then when he tries to claim it will get bounced if he protests, the IRS will simply look at who provided over 1/2 the support.
Support includes everything it cost to have a child including a portion of rent and utilities. |
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Sharon T
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Here is what I'd do:
Claim both as soon as IRS opens up for electronic filing, or as soon as you receive your W-2.
Then tell him you have done so.
If your decree says he can claim one child if he is compliant, tell him you will amend your return and let him claim once he is current and compliant.
When you get your refund, put aside the extra amount you received due to the second child. Then you will have it if he meets the terms within the 3 yr. period for amending.
Yes, he can take you to court if you claim in violation of the decree, but it doesn't sound like that is the case. He is in violation by not being current in child support. |
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TK
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No matter what your Separation Agreement may say, here's what the IRS says about claiming dependent exemptions. If you are the custodial parent and you provide more than 50% of the child's financial support, then you get to claim the deduction. If the non-custodial parent provides more than 50% of the child's financial support then he gets to claim the deduction.
If each parent contributes 50% of the child's financial support, then the non-custodial parent can claim one or more exemptions only if: A. The custodial parent agrees to this; B. The custodial parent signs the proper IRS form permitting the non-custodial parent to claim the exemption; and C. The non-custodial parent attaches that fully executed form to his federal income tax return.
Don't forget that the parent with the dependent exemption also gets to claim any income tax credits related to that dependent.
Consult your divorce attorney with respect to this situation. He or she should be able to recommend to you the appropriate course of action, which you will want to take asap since your income tax return must be filed by April 15, 2009.
Good luck. |
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