 What does it mean exactly to "ATTACH" your W2 to your tax return form? |
Do you:
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-pin it on ???
-do you use a stapler ???
???????
IRS should be more specific............
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....ALSO, online,... |
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For those of you who have gotten there payment's mailed to them how long after the date they said it would be sent was it sent?
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supposed to see mine the 13... |
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alan n | My ex wife claimed my daughter on her taxes when the divorce papers say I am entitled to? |
The papers clearly state I am supposed to claim her until she is emancipated and when I filed my tax return I sent copies of that along with my tax return. The IRS sent me a letter saying that someone else claimed her (my ex) and I need to double check. The divorce decree even states that it is as long as I am current on my child support and I included verification of that with my return. I plan on contacting the IRS because I feel I am clearly within my rights to do so. I did not claim head of household, just the deduction.. help
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I paid over 50% of her expenses and had joint physical custody |
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Jeanbug
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I went through this with my ex. The divorce papers are only half of the required documents, you also need the ex wife to to sign a dependency waiver which allows you claim the child until he turns 18. If the ex refuses, then it's back to the divorce attorney to get this straightened out. Not being able to claim the child really increases your tax liability and means you won't be entitled to the child tax credit either.... It's definitely worth pursuing.
I've attached a link that explains how the waiver works.
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bostonianinmo
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Your problem is the wording of your divorce decree. Since it make the exemption conditional upon being current with your child support, the IRS is required BY LAW to ignore the decree and award the exemption to the custodial parent.
The IRS will ONLY honor a post 1984 decree if does NOT make the exemption conditional upon anything such as being current on child support.
There's nothing that you can do about it now for 2007. The only way you can get the exemption via the decree going forward is if you go back to court and get it modified to remove the requirement to be current on child support. Alternatively the court can make it conditional by requiring your ex to execute a Form 8332 each year that you are current on support, awarding the exemption to you. If she fails to do so, you would then have to go back to court to force her to execute the form or risk being held in contempt of court. |
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Susan S
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Per IRS: (Exemptions for dependents)
Children of divorced or separated parents. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.
The parents:
Are divorced or legally separated under a decree of divorce or separate maintenance,
Are separated under a written separation agreement, or
Lived apart at all times during the last 6 months of the year.
The child received over half of his or her support for the year from the parents.
The child is in the custody of one or both parents for more than half of the year.
Either of the following statements is true.
The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement made after 1984, later.)
A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2007 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year.
Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent. |
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Judy1
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Oops, you were doing OK until you got to the part about child support. Your divorce lawyer screwed up when he put that in. For a decree to be valid for claiming a dependent, one of the requirements is that there are no conditions. Since your decree says it's conditional on your support being up to date, it doesn't meet the legal requirements so the IRS won't accept it. Read IRS Publication 504, about a third of the way down, the paragraph that starts "Divorce decree or separation agreement made after 1984"
Sorry, but you won't win this one, unless by "joint physical custody" you mean that your daughter lived with you over half the year. |
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xtraheavy01
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If you are the custodial parent, then she needs to get a release from you to claim the child. IRS From 8332 or vice versa. It sounds like she was the custodial parent and by the divorce decree she was supposed to give you a signed IRS form 8332.
She just may be playing games or did not read the divorce decree.
The IRS will follow what the divorce papers state.You do not send those documents with the return, until it is requested from IRS.
Now you send the documents. They will review documents sent in by both sides and will render a decision.
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Sharon T
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Susan gave you good information but didn't provide the following passage that comes later in the same IRS pub:
If the divorce decree or separation agreement went into effect after 1984, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or agreement must state all three of the following.
The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
The custodial parent will not claim the child as a dependent for the year.
The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent.
My comment: From the above you can see you must have an unqualified right to claim. Your right is qualified (must be current on child support). Therefore, you cannot claim unless she signs the Form 8332. This makes it a civil matter between you and your wife. She has violated the terms of the divorce decree and you can pursue that in court. (She is totally wrong but that doesn't help you with IRS.)
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travelguruette
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If you had the valid right, following all the IRS rules, to claim the child then do so. You do the tax return and mail it in. The IRS will see two people claiming the child and will audit you both. They will give the exemption to the person who has the right. If that is you good and then your ex will have to pay back all the extra monies plus interest and penalties. She could even be prosecuted for tax fraud. Then she will be really really mad at you and will make your life incredibly difficult in regards to your child. IF you have the valid right to claim your child I would let it go this year and then file first next year. IF she files and claims the kid next year they will audit, etc. |
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Nicole
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Wow, she's got quite the nerve ! You need to contact IRS and report her, that may be considered tax fraud. You will be asked to provide the divorce decree stating you are the one who can include your daughter on your taxes. She will be made to pay back any money she rec'd back due to claiming her, and I imagine you would be able to file a change and include your daughter.
The only ones who can help you would be the IRS, however it may take time to contact them. Be sure to have the specific part of the divorce decree that states your rights, that will be your lifesaver. |
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