Anybody here a lawyer, or at least versed in the nuances of who gets to claim the children on their taxes? Ever heard anything about every other year?
Need legal advice about child support and taxes
- Thread starter ntw0rk
- Start date
My ex and I do our son (7 years old now) every other year. She claims him on odd years and I claim him on even years.
Dave T(BADVENM) said:
Is that just a friendly agreement?
My ex has claimed all three of my (our) kids since the divorce, and I don't think it is fair! Especially considering what I pay her in Child support!
ntw0rk said:My ex has claimed all three of my (our) kids since the divorce, and I don't think it is fair! Especially considering what I pay her in Child support!
That just sucks! You have a good point. How about when you have the kids for the summer yet still have to pay her the child support even though she doesnt have them at all? My neighbor has that issue.
patrick
Been there done that...
As of tax year 2006 the test for determining dependency has been changed.
It used to be that parents of children who were NEVER married could use the 51% rule( if you could prove that you provided more than 50% of your child's financial support, you could claim that child as a dependent).
But, because of a movement by women's rights groups and politicians being afraid of the single mother movement, the language of the ruling has been changed to include never married couples with divorced and separated couples. That means that whoever has primary custody of the child gets to claim that child as a dependent, regardless of how much financial support he or she provides.
After I found out I was the Daddy of a bouncing 5 year old girl (I never knew my ex was knocked up, she left me before she told me and we didn't speak again until she sued me for support) and was ordered to pay her unemployed, living with mommy, leeching a** over $1000/month in support I looked for every way to save a penny. A very good friend of mine is a tax accountant and showed me the loophole in the test for determining dependency. I did it for three years, and it held up in an audit. Then they changed the language.
Long story short- there is a form that the parent with custody has to fill out and provide to the noncustodial parent ( a permission slip if you will), who then has to include a copy with his/her returnsto claim dependency for that tax year.
Any more questions? I can either answer them off the top of my head or get the answer lickety split.
As of tax year 2006 the test for determining dependency has been changed.
It used to be that parents of children who were NEVER married could use the 51% rule( if you could prove that you provided more than 50% of your child's financial support, you could claim that child as a dependent).
But, because of a movement by women's rights groups and politicians being afraid of the single mother movement, the language of the ruling has been changed to include never married couples with divorced and separated couples. That means that whoever has primary custody of the child gets to claim that child as a dependent, regardless of how much financial support he or she provides.
After I found out I was the Daddy of a bouncing 5 year old girl (I never knew my ex was knocked up, she left me before she told me and we didn't speak again until she sued me for support) and was ordered to pay her unemployed, living with mommy, leeching a** over $1000/month in support I looked for every way to save a penny. A very good friend of mine is a tax accountant and showed me the loophole in the test for determining dependency. I did it for three years, and it held up in an audit. Then they changed the language.
Long story short- there is a form that the parent with custody has to fill out and provide to the noncustodial parent ( a permission slip if you will), who then has to include a copy with his/her returnsto claim dependency for that tax year.
Any more questions? I can either answer them off the top of my head or get the answer lickety split.
mauiSRT/10 said:
Fortunately, we have a frinedly agreement regarding that. I still pay, but only enough to hold my twins daycare spot.
labontecsi said:
Yeah, that's what I understood too. I had just heard something to the contrary and wanted to confirm.
I have asked her to sign them to me, but so far she has refused!
505'sFastestViper.
Full Access Member
yeppers it sucks
tidnab
Full Access Member
I thought child support $ paid is a direct write-off anyway.... you won't get the child tax credit... but you should be able to write-off the money paid in child support...
that was my understanding anyway.... luckily for me... I'm not divorced....
that was my understanding anyway.... luckily for me... I'm not divorced....
In Cali.You can not write it off,And she does not have to claim it as income.
Annu Kumar
Full Access Member
Thank God I dont have Kids
JRSVIPR said:
That's federal I believe.
the parent who has primary custody gets to claim the kid...unless the court awards the deduction to the non-custodial parent....the IRS normally accepts whatever decision the court makes..
My brother is an example of this...his ex has primary custody but the court ruled he could claim the 2 kids on his tax return.......the non-primary parent can also claim the child if the custodial parent signs a wavier...
The dependency exemption can not be split. Generally, the child is treated as the qualifying child or qualifying relative of the custodial parent. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the child may be treated as the qualifying child or qualifying relative of the noncustodial parent if certain conditions are met.
The custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.
My brother is an example of this...his ex has primary custody but the court ruled he could claim the 2 kids on his tax return.......the non-primary parent can also claim the child if the custodial parent signs a wavier...
The dependency exemption can not be split. Generally, the child is treated as the qualifying child or qualifying relative of the custodial parent. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the child may be treated as the qualifying child or qualifying relative of the noncustodial parent if certain conditions are met.
The custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.
Thanks for the info TNVIPER.
I am trying to get her to sign the release. We will see, but I have a good idea what her answer will be.....
I am trying to get her to sign the release. We will see, but I have a good idea what her answer will be.....
its everywhere, i have to boys from a previous and she claims one and i clai the other one.
tidnab
Full Access Member
the claim isn't the big deal... I'm 90% certain that if you pay $1,000 a month in child support you can write-off $12,000 off your federal income... that's a big deal...assume you make 100K a year and 20% is fed tax that's $2400 back in your pocket....
100,000x.2=20000
88,000x.2=17,600
The math is more complex than that ... but you get the idea
100,000x.2=20000
88,000x.2=17,600
The math is more complex than that ... but you get the idea
tidnab said:the claim isn't the big deal... I'm 90% certain that if you pay $1,000 a month in child support you can write-off $12,000 off your federal income... that's a big deal...assume you make 100K a year and 20% is fed tax that's $2400 back in your pocket....
100,000x.2=20000
88,000x.2=17,600
The math is more complex than that ... but you get the idea
Nope, not so.
I pay 1440/month and I can't write ANY of it off....
tidnab
Full Access Member
ntw0rk said:Nope, not so.
I pay 1440/month and I can't write ANY of it off....
hmmm that sux I didn't think that was correct... maybe it's alimony you can write-off :dontknow:
In any event... http://www.childsupportsavings.com/?gclid=CJuNp_yetpECFQ8nawodbgvvDA
1440 a month??? frick that's high!!! hopefully she doesn't have 100% custody... maybe that's killin ya!!
tidnab
Full Access Member
Annu Kumar said:
We all thank God that you don't have kids Annu
Child support payments are not deductible on a federal return nor does the receipt of the support to be included as income.
TNVIPER is exact (CPA in the house).
I've got twins as well and the divorce decree split the dependent deduction between the two of us. None the less, she tried to claim both one year after I already filed and the IRS came knocking trying to change my refund. Sent the IRS a copy of the divorce decree and evidence of child support payments which stopped the IRS in it's tracks. Good luck with getting 8332 signed, hopefully you guys can come to a fair and reasonable agreement.
TNVIPER is exact (CPA in the house).
I've got twins as well and the divorce decree split the dependent deduction between the two of us. None the less, she tried to claim both one year after I already filed and the IRS came knocking trying to change my refund. Sent the IRS a copy of the divorce decree and evidence of child support payments which stopped the IRS in it's tracks. Good luck with getting 8332 signed, hopefully you guys can come to a fair and reasonable agreement.
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