Ex wife allowing grandmother to claim daughter on taxes

[Goldsands]

What is the name of your state (only U.S. law)? Michigan

M exwife has been living back with her mother now for almost a year. I was granted by a judge this year (before i filed my taxes) the right to claim my daughter on my taxes which i didn't have before ( there was nothing in our divorce decree stating every other year etc etc..) She has been able to claim her on her own taxes for the last 7 years,but because she is on ssi and disability she does not file taxes and has been letting her mother claim the daughter on the taxes.(even when she wasn't living there.) She has already lived on her own she just simply choose to move back in with her mom with her boyfriend and daughter. Her laywer has filed a motion to lower the weekends (she seems to think she isn't adjusting to my home enviroment but has a blast every time she is with me.)and to allow her mom to claim my daughter on her taxes every other year with me.I am not in arrears with FOC, current on my dues (actually a month ahead of what is owed.) My question is what are the chances of the courts allowing this to happen? I carry insurance on my daughter and I get her every other weekend and three weeks in the summer. I also pay $252.00 a month is child support.

Thank you for taking the time to read I look forward to your responses!

 

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? Michigan

M exwife has been living back with her mother now for almost a year. I was granted by a judge this year (before i filed my taxes) the right to claim my daughter on my taxes which i didn't have before ( there was nothing in our divorce decree stating every other year etc etc..) She has been able to claim her on her own taxes for the last 7 years,but because she is on ssi and disability she does not file taxes and has been letting her mother claim the daughter on the taxes.(even when she wasn't living there.) She has already lived on her own she just simply choose to move back in with her mom with her boyfriend and daughter. Her laywer has filed a motion to lower the weekends (she seems to think she isn't adjusting to my home enviroment but has a blast every time she is with me.)and to allow her mom to claim my daughter on her taxes every other year with me.I am not in arrears with FOC, current on my dues (actually a month ahead of what is owed.) My question is what are the chances of the courts allowing this to happen? I carry insurance on my daughter and I get her every other weekend and three weeks in the summer. I also pay $252.00 a month is child support.

Thank you for taking the time to read I look forward to your responses!

If she gave away the exemption she was entitled to, then that is between the mother, her mother and the IRS.

If the mother will NOT have the ability to use the tax deduction, ask that you receive the tax deduction. In the event of an event that allows use of the tax deduction, see that it gets split by year.

 

[mistoffolees]

If she gave away the exemption she was entitled to, then that is between the mother, her mother and the IRS.

If the mother will NOT have the ability to use the tax deduction, ask that you receive the tax deduction. In the event of an event that allows use of the tax deduction, see that it gets split by year.

I don't think it's that simple. OP says:
"I was granted by a judge this year (before i filed my taxes) the right to claim my daughter on my taxes which i didn't have before"

So OP has an order that he is allowed to claim the child. OP-please tell us exactly what that order says word for word but without the names.

If the order only gives him some years, then I would agree with you. OTOH, if the order gives him every year, then I would object to the motion changing the deduction. There's probably no grounds to even reopen the issue and Grandma shouldn't have any specific rights in the court order.

And Mom can't just give Grandma the deduction. They have to follow IRS rules. If the IRS rules say that Grandma is entitled to the deduction, then Mom isn't giving it to her. If the IRS rules say that grandma is NOT entitled to the deduction, Mom can't give it to her. All Mom can do is sign an 8332 which waives Mom's right to the deduction. It does not automatically transfer that deduction to someone else.

Meanwhile, Dad needs to be sure that Mom signs an 8332 form.

 

[Zigner]

Slow down folks. The OP received the order THIS year. It doesn't apply to LAST YEAR'S taxes.

 

[mistoffolees]

Slow down folks. The OP received the order THIS year. It doesn't apply to LAST YEAR'S taxes.

I don't see anyone saying that it did.

The timeline is:

- Mom claimed the child in the past
- Dad got a court order that allowed him to claim the deduction on this year's taxes (although, since he specifically states that it was before the taxes were filed, I'll bet it was covering the 2010 taxes, but I can't be sure).
- Mom has file for a NEW order which would allow grandma to claim the deduction every other year.

We're talking about the future, not the past.

 

[TheGeekess]

Grandma can take the deduction. Per IRS website:

f a child is treated as the qualifying child of the noncustodial parent under the rules for children of divorced or separated parents or parents who live apart, described earlier, see Applying this special rule to divorced or separated parents or parents who live apart, later.

Sometimes, a child meets the relationship, age, residency, support, and joint return tests to be a qualifying child of more than one person. Although the child is a qualifying child of each of these persons, only one person can actually treat the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit).

The exemption for the child.

The child tax credit.

Head of household filing status.

The credit for child and dependent care expenses.

The exclusion from income for dependent care benefits.

The earned income credit.

The other person cannot take any of these benefits based on this qualifying child. In other words, you and the other person cannot agree to divide these tax benefits between you. The other person cannot take any of these benefits unless he or she has a different qualifying child.
Tiebreaker rules. To determine which person can treat the child as a qualifying child to claim these six tax benefits, the following tiebreaker rules apply.

If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent.

If the parents do not file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year.

If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year.

If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child. If the child's parents file a joint return with each other, this rule can be applied by dividing the parents' combined AGI equally between the parents. See Example 6.

Subject to these tiebreaker rules, you and the other person may be able to choose which of you claims the child as a qualifying child.

Example 1—child lived with parent and grandparent.

You and your 3-year-old daughter Jane lived with your mother all year. You are 25 years old, unmarried, and your AGI is $9,000. Your mother's AGI is $15,000. Jane's father did not live with you or your daughter. The rule explained earlier for children of divorced or separated parents or parents who live apart does not apply. Jane is a qualifying child of both you and your mother because she meets the relationship, age, residency, support, and joint return tests for both you and your mother. However, only one of you can claim her. Jane is not a qualifying child of anyone else, including her father. You agree to let your mother claim Jane. This means your mother can claim Jane as a qualifying child for the dependency exemption, child tax credit, head of household filing status, credit for child and dependent care expenses, exclusion for dependent care benefits, and the earned income credit, if she qualifies for each of those tax benefits (and if you do not claim Jane as a qualifying child for any of those tax benefits).

Publication 501 (2010), Exemptions, Standard Deduction, and Filing Information

 

[mistoffolees]

Grandma can take the deduction. Per IRS website:

Publication 501 (2010), Exemptions, Standard Deduction, and Filing Information

As I said, that doesn't constitute Mom 'giving' the deduction to grandma. They have to follow iRS rules.

Furthermore, it creates a problem because Dad has a court order granting him the deduction. While the court order doesn't override IRS rules, Mom may have to indemnify Dad.

 

[Zigner]

I don't see anyone saying that it did.

OP strongly implied that he expected the order he received THIS year to apply to LAST YEAR'S taxes.

I could be wrong...but I doubt it

I was granted by a judge this year (before i filed my taxes) the right to claim my daughter on my taxes which i didn't have before...

 

[TinkerBelleLuvr]

I read it that in PRIOR court orders, mom had the right to have the exemption, but because she didn't file taxes, she gave exemption to mom. Dad now has the exemption.

What happened between mom, grandma and the IRS does NOT involve dad because he was not eligible to claim the child.

 

[mistoffolees]

I read it that in PRIOR court orders, mom had the right to have the exemption, but because she didn't file taxes, she gave exemption to mom. Dad now has the exemption.

What happened between mom, grandma and the IRS does NOT involve dad because he was not eligible to claim the child.

The issue is that Mom is going back to court to get FUTURE deductions changed.

And what makes you sure that Dad isn't eligible to claim the child? He has a current court order that says he is. He also appears to meet IRS rules for claiming the deduction if Mom waives it via 8332.

 

[haiku]

Misto is correct. this is a quote from the OP

Her laywer has filed a motion to lower the weekends (she seems to think she isn't adjusting to my home enviroment but has a blast every time she is with me.)and to allow her mom to claim my daughter on her taxes every other year with me.I am not in arrears with FOC, current on my dues (actually a month ahead of what is owed.) My question is what are the chances of the courts allowing this to happen?

The OP recently was awarded the tax deduction. It would seem mom is now taking him back to ask that the court alternate every other year with GRANDMA.

OP wants to know if the court would order he now split the deduction with GRANDMA.

I think it would be ridiculous to award it to grandma. Award it partly to mom again, yes-grandma? no.

 

[Goldsands]

My apoligies I have been working alot and not able to sign on. The EW moved in with her mom at the last quarter of 2010 (October) My order says: Defendant can claim daughter as a dependant on all further taxes filings. as of March 18 2011

Now because she don't live with me I didn't get the eic but i did qualify per IRS rules for the tax credit when I filed in March. Ex-Wife has not claimed the child in the past because she cannot file taxes she does not work and is on SS disability she has simply allowed her mother to claim the child to get the money.

I talked to my EW last night and she told me what the motion is for.

Right of first refusal: This is because i am not here when she drops daughter off on fridays of my weekend at 6pm. I work till 11pm at there are no issues between my girlfriend and the child the ex simply doesn't want to leave her with her while I am not there. I believe that if this is granted I am being punished for working during my PT schedule. After all I do have to work to pay my child support. This is manipulative on her part and I do not believe this should be granted

Modification of Holiday parenting time: She wants christmas every year instead of the guidelines we were following through FOC Specifically The christmas holiday break found here:http://courts.michigan.gov/SCAO/resources/publications/manuals/focb/pt_gdlns.pdf

Establishment of Tax credit: EW has had it and not allowed me to claim the daughter on my taxes. I went to court and the judge awarded it to me and I claimed her when i filed in march after it was granted. Now that I can claim her the EW wants it to alternate every other year.

EW is drawing money from the state and goverment to support herself but still lives with her mother. On top of that money I pay $252.00 a month in child support, therefore grandma isn't even close to supporting my daughter and should not be allowed the chance to claim the child.

 

[TinkerBelleLuvr]

My apoligies I have been working alot and not able to sign on. The EW moved in with her mom at the last quarter of 2010 (October) My order says: Defendant can claim daughter as a dependant on all further taxes filings. as of March 18 2011

Now because she don't live with me I didn't get the eic but i did qualify per IRS rules for the tax credit when I filed in March. Ex-Wife has not claimed the child in the past because she cannot file taxes she does not work and is on SS disability she has simply allowed her mother to claim the child to get the money.

I talked to my EW last night and she told me what the motion is for.

Right of first refusal: This is because i am not here when she drops daughter off on fridays of my weekend at 6pm. I work till 11pm at there are no issues between my girlfriend and the child the ex simply doesn't want to leave her with her while I am not there. I believe that if this is granted I am being punished for working during my PT schedule. After all I do have to work to pay my child support. This is manipulative on her part and I do not believe this should be granted

Modification of Holiday parenting time: She wants christmas every year instead of the guidelines we were following through FOC Specifically The christmas holiday break found here:http://courts.michigan.gov/SCAO/resources/publications/manuals/focb/pt_gdlns.pdf

Establishment of Tax credit: EW has had it and not allowed me to claim the daughter on my taxes. I went to court and the judge awarded it to me and I claimed her when i filed in march after it was granted. Now that I can claim her the EW wants it to alternate every other year.

EW is drawing money from the state and goverment to support herself but still lives with her mother. On top of that money I pay $252.00 a month in child support, therefore grandma isn't even close to supporting my daughter and should not be allowed the chance to claim the child.

I'll address the easy one. Unless you happen NOT to celebrate Christmas, or are Jehovah Witness, mom is NOT going to get every Christmas. It just isn't happening.

Right of first refusal goes BOTH ways. She would have to utilize you for the exact same reasons. And grandma isn't gonna cut it.

In light of the fact that she doesn't file taxes, chances of it alternating is slim.

 

[Goldsands]

Thank you for the quick reply.

I rarely ever have to drop my daughter off with the grandma she is always there when i drop the child off so it still seems like that would be a 1 way street. Woudln't she need suffucient grounds in order to get the granted? Some kind of incident between me or my gf that would warrant the situation to be able to A ROFR against me?

 

[Goldsands]

Thank you for the quick reply.

I rarely ever have to drop my daughter off with the grandma she is always there when i drop the child off so it still seems like that would be a 1 way street. Woudln't she need suffucient grounds in order to get the granted? Some kind of incident between me or my gf that would warrant the situation to be able to A ROFR against me?