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EIC Credit and crazy BM

Unhappy's picture

Submitted by Unhappy on Thu, 01/26/2012 - 10:47am

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Family Court

I just have a quick question about the EIC credit.

Per the divorce decree, BM gets to claim both kids on her taxes every year but the EIC credit goes to FDH. They have 50/50 parenting time but FDH has majority custody of both kids, which is also stated in the divorce decree.

Last year BM wanted the EIC credit so FDH and her came to an agreement that he would claim one of the kids and she would claim the other and also get the EIC credit. (FDH makes to much money to qualify for the EIC credit.) This year FDH was trying to do the same thing but crazo is being a b!tch yet again and won't allow it this year.

She sent him and email stating that she can claim the EIC credit, even though FDH has majority custody and it's stated in the decree that he gets it, because if he can't claim the credit that leaves it open for her to be able to claim it.

Is this correct? I know that the IRS told FDH's mother that BM can do this, but there is a court order stating that the credit goes to FDH. And it's also my understanding that since FDH has majority custody even though the parenting time is 50/50 BM is not eligable for the EIC credit.

Unhappy's picture

Submitted by Unhappy on Thu, 01/26/2012 - 11:46am

Per the divorce decree they both have shared custody where both of the children reside with one parent for a week and then the other parent for the following week. But is states that FDH has majority custody of 51% of the kids where as BM only has 49% custody.

my.kids.mom's picture

Submitted by my.kids.mom on Thu, 01/26/2012 - 11:17am

It sounds like she is picking and choosing what she wants to follow in the court order. They "have" 50/50, so according to the court papers, she can claim EIC. But in real life, he has more than 50/50, so according to the IRS, she doesn't qualify for EIC, or HOH. The problem is, after allowing her to claim one last year, she was able to see how much money that would get her and she's looking forward to that check again. I'm not sure why the papers state your FDH could claim EIC. Was his salary less at the time? In our state, tax benefits like this can be factored in as child support credit. Check your state guidelines. She doesn't sound trustworthy, but their best bet is to let her claim EIC and work out an agreement, like she gives him a certain portion of her refund. Or let it go. The last thing you want to do is end up back in court, which will cost more money than what this is worth. I personally feel that both parents should claim the number of children that will provide the least tax payment collectively, and then share the benefit, if any. But not many people can or want to be civil with their exes.

Unhappy's picture

Submitted by Unhappy on Thu, 01/26/2012 - 11:48am

The court papers state that she gets to claim both of te children on her taxes but FDH gets the EIC credit. Which is why last year she had to call FDH and have him send an email so that she could present it to her tax guy stating that FDH gave her permission to utilize the EIC credit.

jadedprincess's picture

Submitted by jadedprincess on Thu, 01/26/2012 - 11:22am

just file a paper and get audited. if you have the co she will have to pay her EIC back to the IRS with intrest and penelties

Kilgore SMom's picture

Submitted by Kilgore SMom on Thu, 01/26/2012 - 12:12pm

That could be sticky just because they didn't follow the court order to start with. Just because a judge orders something in court doesn't always mean that all the outsiders like car dealers, IRS, and other place will agree. They have their own set of rules they go by. IRS probably trumps them all because they pretty much do what they want. So BM probably can file, But DH needs to get proof of what BM received and give it to his lawyer. So that it can be credited to any amount owed or to be paid by DH. That way it wouldn't just be free money to her. At least half anyway. Either that or BM needs to give half.