Taxes!
Long story short.. DH and SS13 don't care for each other much. We live in a different state as him, and they don't really talk or see each other. Please no judgments on this. I'm simply here to ask a question about taxes.
So DH and BM have a court agreement that they switch off claiming SS every other year. This is his year. DH is current on child support and always has been. Anyway, BM went ballistic the other day and said that since DH is a deadbeat and doesn't see his son, that he is no longer allowed to claim SS on taxes.
Can she do this? DH says that he's just gonna claim him anyway because she's the one who will get in trouble for claiming him. What are the rules on this? I've read that if both parents claim the kid, they're gonna give the credit to the parent who had the child more than half the year. I've also read that you as long as ncp pays child support, they are entitled to claim the child on their year.
I have no idea if any of this is true. Can anyone help me out here?
I don't know how this works
I don't know how this works either. I have 3 skids...we have them over all the time and we pay crazy child support...but we've never once gotten to claim any dependents since we've been married (6 years now). Every time I ask my husband to look into it, he acts like I'm being ridiculous...but it could save us a lot of money if we claimed even ONE kid.
Nope.. She has no say over a
Nope.. She has no say over a court order. She'd have to bring him back to court to change it. The IRS requires a form 8332 for the CP to sign off on so the NCP can claim on their taxes. If she claims him they may want this form as document.
Actually.... IRS rules trump
Actually.... IRS rules trump a court order. If he is given the deduction and she uses it? He has to file against her for contempt. With the court. The IRS will only audit both returns and give the deduction to the parent who qualifies according to their rules.
That'd be why I said she'd
That'd be why I said she'd need the form to turn into the IRS.
The point being, however,
The point being, however, Dad's only recourse would be a contempt filing. If she rakes the deduction and he does not file against her for contempt? He's got nothing.
My mom works as a tax
My mom works as a tax preparer and sees this happen every year.
This is what she says about it and you can take this for what it is worth.
According to her, technically, the court order must be filed. However, the IRS does not care who has the right to claim the child/ren in question. Whoever gets there first gets to file. If BM files first and claims SS and then DH files and also tries to claim him DH's return will get kicked out due to a duplicate dependent social security number. Basically, in order to fix it if BM files first you have to go to court and get a judge to order the IRS to file an amended return or whatever it is they do. She says in this situation the majority of people just let it go because it costs more in legal fees end up costing as much as or more than they would have gotten claiming the child in the first place.
If mediation or a threatening letter from the lawyer is an option you may want to try that.
This ^^^^^ First come first
This ^^^^^
First come first served. It may not be fair but if Dad wants to claim him he just needs to get his taxes done first.
We would be screwed in this
We would be screwed in this instance as county CPS worker CP BM (and I use the term "CP" in the broadest sense of the word since the Gir is ALWAYS pawning her kids off on others) files her taxes the first week of January for her massive tax refund so she can continue with her every other month vacays.
Hello, I think I can give
Hello,
I think I can give accurate info. You see before DH and I got married, I worried about this. He has FULL custody of his boys. NCP BM has a supervised visit for 3 hours every other weekend. She has not paid CS except the one time they found her job and took 1/2 a payment out of a check she sent DH a message she was quitting and did.
Now to the IRS, Last year we went to the IRS and they said: 1) whoever the court says gets to claim goes, 2) if you are the Custodial parent and the ncp gets to claim there is a form to file every year, 3) if the parent who does not have the right to claim does so first they WILL get the refund; however when the other parent files and it gets kicked out they can a)send in paper form and wait or b) bring a paper copy and all proof of right to claim to IRS office and talk to a worker. IRS will investigate and if the other parent didn't have right to claim the return they received will be retrieved. the Correct parent will get their return which may take up to 180 days.
How do we know this works? My DH is disabled and on social security so he doesn't usually file. Due to his disability he fell behind on child support owed to his oldest child's mom. He is on a payment plan for both current and arrears. When we can we pay extra. Last year His oldest child's mom called to say she didn't realize he had been working again and that she had gotten his tax refund from child support. He told her there was a mistake, he hadn't filed it wasn't wise to spend it, because it was obviously a mistake.
Well it turns out that his ex(the mother of the kids that live with us full time and have for 5 years.) had not only filed and claimed the boys, but had claimed my DH as well. We went to IRS with the custody agreement, the kids school records, and the divorce decree and our marriage docs, and his tax return. THey did their tapping and said, it is done. Her refund is being recalled, she also claimed the boys AND EIC. She is in major trouble, it is being viewed by the IRS as 4 counts of ID theft and tax fraud.
On an upside after 5 years of child support enforcement not answering calls or letters. w/I 24 hours of the IRS taking back the $1000 from his oldest child's support (Mom had spent against his advise and now has to repay it.) they are calling him and had issued an arrest warrant for her.
Moral is ALWAYS go to the experts! Call the IRS or better yet go with all your docs and file your paper form in the IRS office.
This is not true. If Mom
This is not true. If Mom claims kid on taxes when it's Dad's year, then Dad has to file through the mail and send in court documents showing that it is his year to claim. They will amend Mom's filing and she will owe. I know numerous people who have had to do this. You don't really think the IRS would just have an "oh well" attitude about something I'm sure TONS of people try every year?
But... if he isn't seeing his kid, he really shouldn't be filing for the deduction. There is more to parenting than sending a check every month. She is feeding him more, driving him more, picking up more, doing everything on her own, while he can do whatever the hell he wants. Do the court documents and visitation order take into consideration that he doesn't see his child? Probably not. Why force one part of the order, but not all?
Would your response be the
Would your response be the same if the OP were a full time SM posting about a MIA BM wanting to claim the kid even though she doesn't exercise visitation?
Sounds like it's time for mom to head to court and have that item removed. If you aren't actively involved in raising a kid, you shouldn't be allowed to claim him/her on your taxes.
She can also probably get a
She can also probably get a mod for more CS is biodad is completely put of the picture. You may want to see how much her CS could go up compared with the benefit of your tax deduction.
Haha, that's funny. We all
Haha, that's funny. We all know that the majority of MIA BM's don't even pay child support and the tax deduction is to help the parent who pays the majority of raising the child. Nothing to do with who is "actively" involved in raising the kids, the IRS does not care.
Sure, it's usually assumed (by the IRS and others) that it is the custodial parent who contributes more financially but that is not always the case, which is why some judges put in the divorce decree, that the NCP gets to claim the child.
Bingo!
Bingo!
@DanielleR Amen! Perhaps DH
@DanielleR Amen! Perhaps DH can try for constructive emancipation by conduct. CS will permanently stop and the BM can claim SS on her taxes to her hearts content!
@ disney Funny, when a CP BM files for CS and this sparks a visitation schedule by biodad, the CP BM is the FIRST to cry "But visitation and CS don't have ANYTHING to do with each other!!!!"
Best bet: take her to court for failing to sign the 8332 if its in your CO.
We just went through this. Its AMAZING how they will cooperate if your attny calls her attny with the threat of filing an Order To Show Cause!
I don't care if the NCP is a
I don't care if the NCP is a mom or dad. If you aren't spending time with your kid throughout the year, then grabbing at the tax deductions and/or tax credits at tax time is trifling.
Yes, there are mothers who see their kids as nothing more than a check,but there are dads who view them that way as well.
If NCP is paying to support
If NCP is paying to support child as ordered by the courts, then NCP is also entitled to whatever tax or other financial relief as ordered by the courts. Obviously not a deadbeat since the $$ keep heading over to CP's household.
I work a guy who has custody
I work a guy who has custody of his son. Mom pays $75 a month in CS and pops a few times a year (if the kid is lucky)to visit. The guy says mom has been blowing his phone up for the last week to remind him that it's her year to claim the kid.
While she has the right to claim the kid, it just seems wrong.
yep, first come first served.
yep, first come first served. I have to bust my butt to get dh's taxes filed before BM. BUT if there ever comes a time she does beat him to it, we will file a paper return and force an audit. they'll give it to whoever has the form 8332 and if neither does, then whoever has the child the most will get it. we were prepared to go back to court for contempt.
EXACTLY! With all the overt,
EXACTLY! With all the overt, BLATANT BM PASinator posts on this forum, the NCP biodad should fight for his 8332 rights whether or not the CP BM wants to alienate him and turn him into a mere ATM.
We went through this (years
We went through this (years ago). Court order says DH could claim SD every year and BM was supposed to provide him with the signed 8332. A couple years in, she didn't sign the form (she claimed SD) and we later got a letter from the IRS (as did BM). It basically said that we didn't have to do anything if we were in the right. Back then, it took them awhile to realize a dependent was claimed twice.
DH took BM to court for contempt and the judge made BM sign a 8332 for the year in question. We just held onto the form in case, but the IRS never asked for it, never demanded the tax refund back, nothing. I don't know what happened on BM's end.
I don't think she signed the forms for following years but she must not have claimed SD because DH did and we never heard from the IRS. I think she thought he would lay down that first time she refused to sign, and when he charged her with contempt, she realized he wasn't playin'.
Perhaps your DH should let her know that he will charge her with contempt if she claims SS and he should definitely file as soon as possible.
The IRS is always changing their rules on this. At the time of DH's divorce, if the divorce was after a certain year, copies of the court documents sent to the IRS were NOT sufficient.
If the divorce decree was
If the divorce decree was after 2008, then only the parent the child lives with can claim them, regardless of the CO. That is my understanding.
If dad truly has no
If dad truly has no overnights with his kids BM could apply for an increase in child support as she is doing 100% of the heavy lifting. I would see what is cheaper or leave it alone.
If it can be proved that
If it can be proved that there was alienation tactics and arbitrarily withholding visitation on the part of (usually) CP BM, then constructive emancipation by conduct suit should be launched. CP should not be able to deny visitation, then crow abandonment ("single parent" card) whilst simulataneously reaping CS and tax benefits
The OP never said one word
The OP never said one word about the BM interfering with visitation. Based on her post, it seems that dad and the kid just don't get along.
Not all BMs and/or SMs are at fault for the problems between a father and his kids.
The IRS only cares which
The IRS only cares which parent meets the custody stipulation according to the IRS code. It sounds that BM meets that qualification. If the alternating tax claim is not in the Custody/Visitation/Support CO then DH is the one that will have to deal with the IRS if he takes the tax write off for the Skid.
If it is in the CO then DH needs to include a notarized copy of the CO when he files his taxes. If he wants to be the most effective he needs to file early and claim the Skid. Then BM is the one that has to go through the wringer with the IRS to get things changed and get the refund money. If she is successful and DH has already received refund money attributable to the Skid then he will have to return that money to the IRS.
IMHO of course.
Good luck.