greatdadof3
Junior Member
What is the name of your state (only U.S. law)? Illinois
I'm NCP. Since 1997, CP and I have alternated years claiming child's dependency exemption. I can't remember if it's court ordered thing (I will be checking Monday) or if this is an agreement we made on one of her good days. CP simmers with anger & resentment for me since we broke up 10 years ago - sometimes she is able to put it aside however since I remarried 3years ago, CP has been hellbent on taking whatever pot shot she can to cause ruin in my life. So, the current pot shot is this.
Dependency exemption is mine for 2009 taxes. CP sends a text message 2 days ago stating that since I haven't paid half of child's expenses in 2009 then I cannot claim him. The basis of her argument (besides bitterness) is that I was laid off the first half of 2009 and she received a lesser amount of child support (the amt was determined by my unemployment comp). Without going any further into this story, lets debunk that scenario by saying this: CP doesn't work - she lives on aid and child support. I'm not exactly sure what math she does that determines that somehow SHE paid half of child's expenses anyway
Here is my 2009 work/support scenario. I was laid off late '08, filed petition to modify and modification went through in January 2009. CP began receiving significantly less. In May 2009, I went back to work and CP filed petition for increase. I was laid off again in September & immediately started my own business (same line of work - I could do better than my employer in getting contracts & staying employed, which my kids of course need very much) and continued to pay child support. Child support petition for increase was heard November 2009. We agreed (thru my attorney & "her" state's attorney) that I would pay X amount as "arrears" for the time I worked for someone else and the current child support would be based on the new business income, which wasn't much at all because I'd just started the business. Regardless, my wife and I got our heads together financially and using her income we offered a current support amount higher than what would have been required using my business net. Its just about $40/wk short of what CP would get had I worked for former employer. CP took our offer.
Now, here's where the tax situation comes in..... all of the calculations performed in November to determine net took into account my claiming dependency exemption every other year. And, CP agreed to the calcs! Thats almost a court order right there, you'd think, showing that she was in agreement regarding the alternating tax years. Not to mention the years and years of tax returns showing we have the alternating agreement.
To sum it up, I paid a small amount from Jan-May (but still 20%) and a normal amount May-Dec..... CP's hates me & wife, and even though she knows we pay her more than business can afford, she concocts this argument (and I use that term loosely) in her head to benefit her and bring financial pain to me. I wrote CP a letter nicely reminding her of the agreement & November calcs but she has no convinced herself that she is right to have the exemption. In the letter I also reminded her that not allowing an exemption for me changes my net; thus reducing her child support. Still, a brick wall. No reason whatsoever.
Need some advice as to how to handle this & what you suspect the courts might think and/or how the IRS might come into play here.What is the name of your state (only U.S. law)?
I'm NCP. Since 1997, CP and I have alternated years claiming child's dependency exemption. I can't remember if it's court ordered thing (I will be checking Monday) or if this is an agreement we made on one of her good days. CP simmers with anger & resentment for me since we broke up 10 years ago - sometimes she is able to put it aside however since I remarried 3years ago, CP has been hellbent on taking whatever pot shot she can to cause ruin in my life. So, the current pot shot is this.
Dependency exemption is mine for 2009 taxes. CP sends a text message 2 days ago stating that since I haven't paid half of child's expenses in 2009 then I cannot claim him. The basis of her argument (besides bitterness) is that I was laid off the first half of 2009 and she received a lesser amount of child support (the amt was determined by my unemployment comp). Without going any further into this story, lets debunk that scenario by saying this: CP doesn't work - she lives on aid and child support. I'm not exactly sure what math she does that determines that somehow SHE paid half of child's expenses anyway
Here is my 2009 work/support scenario. I was laid off late '08, filed petition to modify and modification went through in January 2009. CP began receiving significantly less. In May 2009, I went back to work and CP filed petition for increase. I was laid off again in September & immediately started my own business (same line of work - I could do better than my employer in getting contracts & staying employed, which my kids of course need very much) and continued to pay child support. Child support petition for increase was heard November 2009. We agreed (thru my attorney & "her" state's attorney) that I would pay X amount as "arrears" for the time I worked for someone else and the current child support would be based on the new business income, which wasn't much at all because I'd just started the business. Regardless, my wife and I got our heads together financially and using her income we offered a current support amount higher than what would have been required using my business net. Its just about $40/wk short of what CP would get had I worked for former employer. CP took our offer.
Now, here's where the tax situation comes in..... all of the calculations performed in November to determine net took into account my claiming dependency exemption every other year. And, CP agreed to the calcs! Thats almost a court order right there, you'd think, showing that she was in agreement regarding the alternating tax years. Not to mention the years and years of tax returns showing we have the alternating agreement.
To sum it up, I paid a small amount from Jan-May (but still 20%) and a normal amount May-Dec..... CP's hates me & wife, and even though she knows we pay her more than business can afford, she concocts this argument (and I use that term loosely) in her head to benefit her and bring financial pain to me. I wrote CP a letter nicely reminding her of the agreement & November calcs but she has no convinced herself that she is right to have the exemption. In the letter I also reminded her that not allowing an exemption for me changes my net; thus reducing her child support. Still, a brick wall. No reason whatsoever.
Need some advice as to how to handle this & what you suspect the courts might think and/or how the IRS might come into play here.What is the name of your state (only U.S. law)?