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8332 form

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idontknow29

Junior Member
What is the name of your state (only U.S. law)? ny

I made the dead line for filing my taxes as self employed. My old accountant passed on and I hired a new accountant. The accountant gave me this year credit for paying child support which I never received last year.

The new accountant is also stating I should take the mother to court and ask for a 8332 form to claim the child every other year. I have never been married to the mother, she has sole custody. I do cover 50% of the child's costs.

It was my understanding you cannot force a mother to sign a 8332 form, its consent. Can a judge order this? I never bothered to ask since I thought that only the custodial parent is allowed this.

Thanks in advance.
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? ny

I made the dead line for filing my taxes as self employed. My old accountant passed on and I hired a new accountant. The accountant gave me this year credit for PAYING child support which I never recieved last year.
The bolded part concerns me. Hopefully, LdiJ will post, I may be wrong, but I am not aware of any credit that can be applied towrd paying CS.
 

haiku

Senior Member
Yes I am unaware of any sort of "credit" for paying support.

And if you were never given the right to any deduction previously, in court. I wouldn't go gunning back to court over it, it would depend on many other factors before I would open that can of worms.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? ny

I made the dead line for filing my taxes as self employed. My old accountant passed on and I hired a new accountant. The accountant gave me this year credit for paying child support which I never received last year.

The new accountant is also stating I should take the mother to court and ask for a 8332 form to claim the child every other year. I have never been married to the mother, she has sole custody. I do cover 50% of the child's costs.

It was my understanding you cannot force a mother to sign a 8332 form, its consent. Can a judge order this? I never bothered to ask since I thought that only the custodial parent is allowed this.

Thanks in advance.
There is no such thing as a credit or deduction for paying CS. It absolutely does NOT exist. You also cannot claim the exemption for the child (or any other credits or deductions for the child) if you do not have a signed form 8332 from the custodial parent.

Its quite likely that the accountant did something on your return that was neither legal nor ethical and you could end up in a world of hurt.

You need to immediately take your copy of your tax return to another tax professional and explain the same thing that you explained here. They will be able to determine what was done wrong and can amend your return to correct it. DO NOT spend any refund you receive until you know how much you have to pay back the IRS. If you get it back back rapidly, the interest and penalty will be negligible. DO NOT wait for the IRS to come to you with the problem, because by then you will have racked up alot of interest and penalties.

Now...as to form 8332 and the courts. Yes, its possible that a judge might order that you get the tax exemption every other year, and could order mom to give you a signed form 8332. The legality of that is questionable, because form 8332 is supposed to be voluntarily signed, but courts do it regularly.

The IRS has expressed the future intent to do away with form 8332 so that state courts can no longer award the exemption to the non-custodial parent at all. In the eyes of the IRS, states should deal with that issue by adjusting the child support calculation to take the tax exemption into consideration.
 

idontknow29

Junior Member
https://newyorkchildsupport.com/non_custodial_parent_services.html


Its called a New York State Noncustodial Earned Income Credit

The noncustodial Earned Income Credit (EIC) is a credit that may be claimed by eligible taxpayers instead of the New York State earned income credit. The credit is available for tax years beginning on or after January 1, 2006 and before January 1, 2013. For more information, visit the New York State Department of Taxation and Finance.
Do I qualify for the credit?

To qualify for the noncustodial EIC, you must meet ALL of the following conditions for tax year 2008:

* You must be a full-year New York State resident
* You must be at least 18 years of age
* You must be a parent of a child (or children) who did not live with you and who was under 19 years of age on December 31, 2008
* You must have a child support order paid through a Support Collection Unit (SCU) for at least six months (one-half of the tax year)
* You must have paid an amount equal to 100% of current support due for the tax year
* Your income must be less than $33,995 (with one qualifying child)

To claim the credit, file the IT-209, the Claim for Noncustodial Parent New York State Earned Income Credit. Get the latest copy of the IT-209 from the NYS Department of Taxation and Finance Income Tax Credit Forms page.
How much is the credit?

The credit is computed on a sliding scale for those with incomes up to $33,995. The amount of the credit is the greater of

* 20% of the federal earned income credit for a parent with one qualifying child, OR
* 2.5 times the federal earned income credit for a person with no qualifying children

The amount of the credit ranges from $0 to a possible maximum of approximately $1095.
 

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