Tax Deduction Child Support

[gaotsheep]

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

Similar to another post I read.

Court order says as long as mother is current on child support, mother gets one child, father gets other child to claim on taxes. I (mother) was behind on child support at the end of the year by less than one month's payment.

When I requested a document showing my payments for 2013 it showed all of the payments I made. But, child support had issued me a refund of child support at about half-way through the year. Had child support not issued me a refund, that mind you I never requested but do remember getting, I would have never been behind in child support. When I asked child support why they gave me a refund they stated, after overages sit in an account for so long, a refund is sent to the payer.

I am asking would I still be unable to claim our one child then since I paid all year, but erroneously child support sent me a refund which then caused me to be behind? I am pretty sure I cannot because behind is behind. I guess I just need someone else to say no you cannot, behind is behind.

Thanks.

 

[Zigner]

Has the father provided you with a properly completed IRS Form 8332 for the 2013 tax year?

 

[gaotsheep]

No. He also has never provided one to me despite the order saying such. He also emailed me and said he would be claiming both kids since I was behind in support. I just never replied to the email because I wasn't aware I was and got the payment statement from child support to see for myself.

 

[Zigner]

No. He also has never provided one to me despite the order saying such. He also emailed me and said he would be claiming both kids since I was behind in support. I just never replied to the email because I wasn't aware I was and got the payment statement from child support to see for myself.

Then you have your answer. Technically, you were never allowed to claim the child without that form anyway. Let's just hope that dad doesn't realize that...

 

[wavehopper27]

Form 8332 may not be required under the following conditions according to the instructions on the bottom of form 8332 Rev 2010:

Post-1984 and pre-2009 decree or
agreement. If the divorce decree or
separation agreement went into effect
after 1984 and before 2009, the
noncustodial parent can attach certain
pages from the decree or agreement
instead of Form 8332, provided that
these pages are substantially similar to
Form 8332. To be able to do this, the
decree or agreement must state all three
of the following.

1. The noncustodial parent can claim
the child as a dependent without regard
to any condition (such as payment of
support).
2. The other parent will not claim the
child as a dependent.
3. The years for which the claim is
released.
The noncustodial parent must attach
all of the following pages from the
decree or agreement.
● Cover page (include the other parent’s
SSN on that page).
● The pages that include all of the
information identified in (1) through (3)
above.
● Signature page with the other parent’s
signature and date of agreement.

 

[LdiJ]

Form 8332 may not be required under the following conditions according to the instructions on the bottom of form 8332 Rev 2010:

We don't know if she is pre 2009...and the first items kicks her out of the picture anyway since her court orders are conditional.

However, I am not entirely sure that dad is in the right under the court orders. She is only technically behind because the CSE issued her a refund. I suspect that the judge would not be very happy with dad. However it does sound like she is going to have to go to court anyway since dad isn't signing forms 8332. She is going to have to get the judge to order him to comply with that.

 

[gaotsheep]

Right I realized I needed the form, he would never provide it though despite me asking.

Let's say I did have the form, I know I don't but let's say I did.

Based on the circumstances I had oringally posted, would I or would I not be able to claim our child? He already claimed the child. I am just curious, since we are going to court anyways about child support if I had brought this up, would the judge perhaps see it wasn't because I didn't pay the support that made me behind, but an error in child support sending a refund.

Ahh ok I saw the other post. No my order is post 2009.

Thanks for your help.

 

[wavehopper27]

It's impossible to know for sure how a judge would rule but since you made a good faith effort to make your payments in full and on time and this is obviously a clerical error outside of your control, I can't imagine you being penalized by having the deduction taken from you.