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Dustin27 | Single Father Tax Question? |
Tough question. Here are the details. I am the custodial parent. Due to Divorce papers my ex-wife gets to claim her for 2006. Also, She has two other children that she will claim as dependents this year. My ex-wife only made 25000 gross in 2006. Claiming my daughter would have no affect on her taxes. So I asked her if I can claim her since she will not receive any benefit. Of course the answer was no. SHOULD I CLAIM HER ANYWAYS? On top of all of this I only receive $50 a month in Child Support and pay for all of the daycare expenses. Would the IRS come down hard on me if we both claimed her even though she received no benefit from doing so? |
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sarahjanel
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Yes they would come down on you. Maybe try asking her if you claimed her then you would split the amount you get back with her????? |
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May I help You?
 |
www.IRS.GOV
forms, schedules and instructions
You had a right to claim as the custodial parent - EXCEPT FOR THE DIVORCE DECREE - which you signed and agreed to.
You cannot ask the IRS to mediate a divorce decree - which is an agreement entered into - just for this reason as you state.
If you have a problem with child support, you may take her to Domestic Relations to reopen the case based on the needs of the child, and her ability to pay.
I believe, you'd receive more than $50 per month, especially when they consider the thousands that she will receive in child care credits and earned income credits.
The IRS - will not interpret the divorce decree. They will read it and side with what you already signed, that it belongs to her, as you alreayd stated.
That is only for 2006, hopefully you will get domestic relations to give you more income for 2007 in child support,
and they can force her to pay 1/2 of the child care expenses - if YOU ASK FOR THEM.
FILE ASAP - WITH DOMESTIC RELATIONS.
Now, I hope you have no agreement for 2007, and you can claim your child.
You don't want an IRS audit.
GOD bless us, always.
CPA-retired |
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Weetie
 |
Please do NOT beleive that whoever files first will get the deduction...Not true. What will happen is you will be required to prove you can claim the child and if the divorce decree says your ex-wife gets to claim her then you will be in trouble.
What you can do...IF your ex agrees is to have her sign Form 8332 ( Release of Claim to Exemption of Child for Divorced or Separated Parents). Then if your ex later decides she wants to claim her, she cannot. Make sure (if she signss this form) that you file it with your taxes. (IRS MUST receive this).
This form can be found at http://www.irs.gov/app/scripts/retriever.jsp |
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jseah114
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If your divorce papers says that she can claim her, it would be tough to fight it. |
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Judy1
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No, if it's in your decree that she can claim her this year, unless she signs something that you can, you'll lose if you both claim her, and have to pay back whatever benefits you got, plus interest. Not fair - but that's how the law reads. If both of you claim her, the IRS would look at who has the right - she does, apparently. Sorry.
Good luck. |
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ninasgramma
 |
Do you live with the child more than six months? If so, then even if the noncustodial parent can claim the child's dependency exemption and the Child Tax Credit, the child still qualifies you for the Earned Income Credit as well as the Child and Dependent Care credit. These credits can only go to the custodial parent, they cannot be given over by a court order.
Do not claim the child as a dependent if the court order says otherwise. But take the credits you are allowed. |
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beachbum_susie
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I went through this with my ex. I actually let him claim her, and he got a lot more back. Only thing is, once she claims her, you cannot claim her even if you try. I tried to see if I could claim my daughter and it made me enter her social security number, it said that she was already claimed by someone else. Hopefullly your ex will come to her senses. |
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Yvette B yvetteb
 |
the IRS only cares about who paid for more then 50% of the childs expenses...
if you both claim her the IRS will just audit both of you. the loser, is made to refile. cal and ask for yourself.
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html |
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P*Kitty
 |
Thats very vindictive for her to claim her with no benefit, but unfortunately you both cant claim her, however i would discuss this with my lawyer since you are the custodial parent. But since it is in the divorce papers just let her claim her as stated in the divorce papers this year, you will get all subsequent years afterwards and look at the bright side you have the best part-you have the daughter!!! |
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shaydzofluv
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I don't believe that it would really matter to the IRS if you claimed her. It would depend on who files there taxes first. I would say if you file your taxes first then do that and claim her. It will just kick hers out when she goes to file hers. Saying that the dependent has already been claimed. So its up to you if thats what you want to do. If you don't have your W2 you can go to places that can find your EIN number. I don't really think that hte IRS would interviein on that because it wouldn't make a difference on her taxes because she gets the earned income credit just for the other 2 kids. You can go to the website below and get a free estimate on your taxes and they can help you with anymore questions. |
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Mr. Knowitall
 |
I was in the same situation several years ago. Come tax time my ex and I did not discuss who would claim our child. I claimed her and so did my ex. I got a check but several months later also got a letter copied to my ex that stated my kid's SS# was used twice on two returns. And that I had a month to make the correction or else they would start charging me % interest on the money I owed!!! They will get you eventually
So my suggestion to you is get a court order stating that you are entitled to claim your child on your tax return or you will both be explaining to the IRS! |
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zyberianwarrior
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if the papers say you cannot claim her you cannot claim her sorry, And your right 25k is too much for earned income credit so the kids don't matter. You should be able to provide proof of child care
this link will help you.
http://www.irs.gov/publications/p503/index.html |
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Homeslice
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Who ever files their return first with the appropriate social security number gets the deduction. What that means is the IRS will send a notice to you ex, which will get you into a legal battle since she is supposed to claim her. You will most likely lose the battle. Try to negotiate with your wife and offer to give her a portion of your benefit. |
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bbwg_hbic
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I was always told that who ever claims the child first gets to, as long as there are no court documents stating she gets to claim her every year. and if she spends as much time with you as she does her. Call a tax preparer and ask them it may vary state to state also. they may go by who ever she lives with? |
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