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Judge "forgot" to allow me to claim my child as a deduction every other year.

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va445612

Guest
Judge "forgot" to allow me to claim my child as a deduction every other year.

What is the name of your state? Virginia (jurisdiction in Florida)

If I petition to modify for "other relief", could I obtain this retroactively?

The final dissolution was handed down 3 years ago.

The CP claims the child every year because there was nothing in writing.

Is it too late to get this modified? I would not be going to court just for this, but for a few other items. I would like to get it modified while I take care of some of the other minor issues.

Thanks
 


LdiJ

Senior Member
va445612 said:
What is the name of your state? Virginia (jurisdiction in Florida)

If I petition to modify for "other relief", could I obtain this retroactively?

The final dissolution was handed down 3 years ago.

The CP claims the child every year because there was nothing in writing.

Is it too late to get this modified? I would not be going to court just for this, but for a few other items. I would like to get it modified while I take care of some of the other minor issues.

Thanks
Sure, you can raise that issue.
 
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va445612

Guest
Thanks, but since it was 3 years back, will the judge "remember" it?

Or is it better "freshly" raised?
 

weenor

Senior Member
Its not too late for modification, but there is no such thing as "retroactive". Remember whatever is signed off by the Judge is what you have to live with until the Judge changes it.

Also this isn't just a matter of the court order. In order to claim a child as a deduction, you must be able to show the IRS that you have provided more than 50% of that child's expenses during the tax year. If your child support is low, if mom is on state aid or supported by another, it will be difficult show that you actually supported the child for tax purposes.
 

LdiJ

Senior Member
va445612 said:
Thanks, but since it was 3 years back, will the judge "remember" it?

Or is it better "freshly" raised?
You don't ask the judge to "remember" it. You simply ask the judge to order it now.
 

LdiJ

Senior Member
weenor said:
Its not too late for modification, but there is no such thing as "retroactive". Remember whatever is signed off by the Judge is what you have to live with until the Judge changes it.

Also this isn't just a matter of the court order. In order to claim a child as a deduction, you must be able to show the IRS that you have provided more than 50% of that child's expenses during the tax year. If your child support is low, if mom is on state aid or supported by another, it will be difficult show that you actually supported the child for tax purposes.
That is not correct. The tax exemption belongs to the custodial parent as long as the two parents COMBINED have provided over 50% of the child's support.

However, if the CP signs a form 8332, or there is a court order stating that the ncp gets the exemption, then the ncp gets the exemption.

The IRS has been "tweaking" the rules over the last few years....and will probably continue to do so.
 
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va445612

Guest
LdiJ said:
That is not correct. The tax exemption belongs to the custodial parent as long as the two parents COMBINED have provided over 50% of the child's support.

However, if the CP signs a form 8332, or there is a court order stating that the ncp gets the exemption, then the ncp gets the exemption.

The IRS has been "tweaking" the rules over the last few years....and will probably continue to do so.
Yes, I remember seeing this to.
 

weenor

Senior Member
LdiJ said:
That is not correct. The tax exemption belongs to the custodial parent as long as the two parents COMBINED have provided over 50% of the child's support.

However, if the CP signs a form 8332, or there is a court order stating that the ncp gets the exemption, then the ncp gets the exemption.

The IRS has been "tweaking" the rules over the last few years....and will probably continue to do so.
Thanks for the clarification. You are right about the tweaking. . .
 
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va445612

Guest
weenor said:
Its not too late for modification, but there is no such thing as "retroactive". Remember whatever is signed off by the Judge is what you have to live with until the Judge changes it.

Also this isn't just a matter of the court order. In order to claim a child as a deduction, you must be able to show the IRS that you have provided more than 50% of that child's expenses during the tax year. If your child support is low, if mom is on state aid or supported by another, it will be difficult show that you actually supported the child for tax purposes.
I understand what you mean about not being retroactive...CP is not on State aid, Support is high, and is not supported by another.

I do believe that the 8332 with respect to 2005 might supercede this....although there is no way I could get the CP to agree to this. Would have to be signed by a judge.
 

LdiJ

Senior Member
va445612 said:
I understand what you mean about not being retroactive...CP is not on State aid, Support is high, and is not supported by another.

I do believe that the 8332 with respect to 2005 might supercede this....although there is no way I could get the CP to agree to this. Would have to be signed by a judge.
A judge can't sign a form 8332. Only the CP can. The judge however can make a court order giving you the exemption every other year.
 
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va445612

Guest
LdiJ said:
A judge can't sign a form 8332. Only the CP can. The judge however can make a court order giving you the exemption every other year.
I meant that the order/petition would have to be signed by a judge.

I am pretty sure that you are right. I saw this just yesterday.
 

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