Tax Exemptions?

[Kitty-]

What is the name of your state? IL

I am going through child support hearing with my ex-husband .. he is mad because they backdated to the day I filed (Dec. 10th) ... so he got mad and got a lawyer .. and they will not settle our of court unless I agree to let him claim one of our two children on his taxes ... I really do not want to do this ..

The States attorney seems pretty confident that the judge will not grant him that ... but when we told the lawyer we wouldn't settle on their offer because of the exemption .. they asked for a continuance .. where could they possible go from there?? I don't understand why a continuance would be helpful for him .. other than delaying the process and making for even more child support he would be behind on ... so I feel like maybe they know something I don't??

What could they possibly be up to ?? any advice would be helpful TIA

 

[Kitty-]

wanted to add .. we are not yet divorced but have been apart for 2 years ... he thinks that will benefit him ... but states attorney told me that that had nothing to do with it ...

 

[LdiJ]

What is the name of your state? IL

I am going through child support hearing with my ex-husband .. he is mad because they backdated to the day I filed (Dec. 10th) ... so he got mad and got a lawyer .. and they will not settle our of court unless I agree to let him claim one of our two children on his taxes ... I really do not want to do this ..

The States attorney seems pretty confident that the judge will not grant him that ... but when we told the lawyer we wouldn't settle on their offer because of the exemption .. they asked for a continuance .. where could they possible go from there?? I don't understand why a continuance would be helpful for him .. other than delaying the process and making for even more child support he would be behind on ... so I feel like maybe they know something I don't??

What could they possibly be up to ?? any advice would be helpful TIA

There could be many reasons why his attorney asked for a continuance...it could be something as simple as a scheduling conflict. His attorney may have expected you to settle and therefore expected the conflict to go away. You didn't. His attorney could also want the time to research more case law to find more to support his client's request.

Other than that, there is little that they could be "up to" other than perhaps your ex trying for custody himself. However, for him to file for custody now, in the middle of child support negotiations, would raise a fairly large red flag with a judge.

 

[Kitty-]

I just found out that he has already filed his '04 taxes and claimed both of the children ... they have not lived with him at all this year!!! I am soo livid .. can anything be done????

 

[LdiJ]

I just found out that he has already filed his '04 taxes and claimed both of the children ... they have not lived with him at all this year!!! I am soo livid .. can anything be done????

Yes, there is most certainly something that can be done. You simply file YOUR taxes and claim the children as well. You will have to file a paper return...an electronic one won't be possible so it will take you longer to get your refund, but you will get it. Then, later on down the road you will both get notices from the IRS that there were duplicate claims....and he will end up having to pay the IRS back.

HOWEVER....If you don't really benefit from the exemption itself (low income...still qualify for EIC and head of household even if he gets the exemption..you zero out before the child tax credit kicks in etc.) then it may not be worth fighting.

Your tax preparer can help you determine that.

 

[Kitty-]

Well I went ahead and filed and didn't claim those two .. I really cannot afford a delay on getting my return right now .. since my child support has already been delayed ..... but I am still looking for a # to call and report this or something .. I just do not understand why he thinks he has the right to claim them when they havne't lived with him at all .. and there haven't been support payments set at all last year ... so it's not really the matter of the $$ for me .. it's the point .. he really hasn't done anything for these kids this year .. therefore he shouldn't be able to claim them ... and doesn't he have to have me sign something before he can claim them?? He's being selfish and devious ... and I plan to do any and everything I can to make sure he knows that this is unacceptable ... now I just need to figure out what I *can* do .. I mean isn't that like tax fraud of some sort??

 

[critterperson]

Well I went ahead and filed and didn't claim those two .. I really cannot afford a delay on getting my return right now .. since my child support has already been delayed ..... but I am still looking for a # to call and report this or something .. I just do not understand why he thinks he has the right to claim them when they havne't lived with him at all .. and there haven't been support payments set at all last year ... so it's not really the matter of the $$ for me .. it's the point .. he really hasn't done anything for these kids this year .. therefore he shouldn't be able to claim them ... and doesn't he have to have me sign something before he can claim them?? He's being selfish and devious ... and I plan to do any and everything I can to make sure he knows that this is unacceptable ... now I just need to figure out what I *can* do .. I mean isn't that like tax fraud of some sort??

Kitty-
I am assuming that you needed your cash from your return.........now that you have filed and gotten your money (or part of it) file an amended return and include the children-- This way you have the money that you needed and you will probably get another check in a couple of weeks for the balance due---This will only work if you would have gotten more by claiming the children, but it is worth looking into.......... This will flag him to the IRS and make him have to pay the money he received back, and you will get all you are intitled to.....

 

[Kitty-]

Thank you all for being so helpful ...

Critter - I will definately be trying that! Thank you!