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Tax Question

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JesB

Member
Why is it that when an obligor is in arrears they aren't entitled to claim the child(ren) on their taxes? Even the ones that make decently steady payments but miss one here and there or came into a financial hardship where they missed some payments. It would make sence that since they supported the kids while they were in their house that they should be entitled to claiming something. Is there a way to at least have the payments that you make to child support cedited against your income when you file your taxes?
If a parent is in arrears why can't they just be allowed to claim the kid(s) every other year and then the obligee get the entire return and that get dredited against the child support?
 


Ohiogal

Queen Bee
JesB said:
Why is it that when an obligor is in arrears they aren't entitled to claim the child(ren) on their taxes? Even the ones that make decently steady payments but miss one here and there or came into a financial hardship where they missed some payments. It would make sence that since they supported the kids while they were in their house that they should be entitled to claiming something. Is there a way to at least have the payments that you make to child support cedited against your income when you file your taxes?
If a parent is in arrears why can't they just be allowed to claim the kid(s) every other year and then the obligee get the entire return and that get dredited against the child support?
What does your court order say about this???
Some NCPS do get to claim their children every other year while some claim every year. And so on and so forth. It depends on how the court order is written.
 

JesB

Member
Ohiogal said:
What does your court order say about this???
Some NCPS do get to claim their children every other year while some claim every year. And so on and so forth. It depends on how the court order is written.
I thought it was the law that if an obligor is in arrears that parent cannot claim the kids on their taxes.
Like 3 or 4 years ago, my husband claimed his daughter because his CO said they alternated years. He was 300 in arrears and the IRS said that he can only claim her if he is current. his CO didn't address that it just said to alternate.
 

Felicia71291

Junior Member
My husband gets his daughter 1 week out of a year but beginning next yr since she will be 4 he will get her 4 weeks out of the summer. He gets the sun 4 weeks out of summer. The CP is working min. wage job and on government assistance. He gets to claim the son every year and she claims the daughter plus her other kid by some guy. But we asked for that in court orders, so if you havent asked for it or agreed to it, its good to put in court order for future reference.
 

JesB

Member
Felicia71291 said:
My husband gets his daughter 1 week out of a year but beginning next yr since she will be 4 he will get her 4 weeks out of the summer. He gets the sun 4 weeks out of summer. The CP is working min. wage job and on government assistance. He gets to claim the son every year and she claims the daughter plus her other kid by some guy. But we asked for that in court orders, so if you havent asked for it or agreed to it, its good to put in court order for future reference.
That's nice, his court orders stated that he could claim them every other yera. She filed at the same time he filed and she claimed the kids when he did. It was his year to claim them. The IRS said if he was in arrears he couldn't claim them.
 

Ohiogal

Queen Bee
JesB said:
That's nice, his court orders stated that he could claim them every other yera. She filed at the same time he filed and she claimed the kids when he did. It was his year to claim them. The IRS said if he was in arrears he couldn't claim them.
The IRS and family court are two different things. If she claimed the kids on his year, then she could be in contempt of court for doing that. The IRS laws are not necessarily the same as the custody/support orders issued in family court. You can be in compliance with the IRS and still in contempt. The court order allows the parent named to claim the child(ren) instead of the other parent. The IRS could still disallow it for a variety of reasons however the parent named still has the right and the other parent does not.
 

LdiJ

Senior Member
Ohiogal said:
The IRS and family court are two different things. If she claimed the kids on his year, then she could be in contempt of court for doing that. The IRS laws are not necessarily the same as the custody/support orders issued in family court. You can be in compliance with the IRS and still in contempt. The court order allows the parent named to claim the child(ren) instead of the other parent. The IRS could still disallow it for a variety of reasons however the parent named still has the right and the other parent does not.
The IRS wouldn't make a judgement based on whether or not someone was in arrears. They would either honor the court orders, or would rule in favor of the tax regs and give it to the custodial parent.

I suspect that either OP's order states that he doesn't get the exemption if he is in arrears, or his state's guidelines state that.
 

Ohiogal

Queen Bee
LdiJ said:
The IRS wouldn't make a judgement based on whether or not someone was in arrears. They would either honor the court orders, or would rule in favor of the tax regs and give it to the custodial parent.

I suspect that either OP's order states that he doesn't get the exemption if he is in arrears, or his state's guidelines state that.
Yeah that wouldn't make sense to me but if the court order states that he can't file if he is in arrears and he did file then he is in contempt. Again IRS and family court are too different things. So actually we are agreeing LDIJ. I hate taxes.
 

Ohiogal

Queen Bee
Shay-Pari'e said:
I looked up Jess's posts, and I encourage the forum to do this as well.
I know that she is a student doing homework and I have to wonder how much homework she is doing on this list. being a paralegal requires her knowing where to go to find the legal cites and statutes and this is not the place for her to do that. If she can't find it without it being spoonfed, that is going to be a problem when she gets in the real world.
 

JesB

Member
Ohiogal said:
I know that she is a student doing homework and I have to wonder how much homework she is doing on this list. being a paralegal requires her knowing where to go to find the legal cites and statutes and this is not the place for her to do that. If she can't find it without it being spoonfed, that is going to be a problem when she gets in the real world.
The only one was the one titled "case study", that is actually about the 2nd or 3rd I have ever gotten on family law and I was just curious if there was something that I might be missing with it. Most of my homework is usually pertaining to arrests, wills, and false charges as these are actually pretty common.
 

Shay-Pari'e

Senior Member
JesB said:
The only one was the one titled "case study", that is actually about the 2nd or 3rd I have ever gotten on family law and I was just curious if there was something that I might be missing with it. Most of my homework is usually pertaining to arrests, wills, and false charges as these are actually pretty common.
This site is not to do your homework, in fact many of them told you so. No one is going to do your homework here, now that we know you are throwing bogus stories out there.

Just wondering, WHT CAN"T YOU DO YOUR OWN HOMEWORK?
 

JesB

Member
Shay-Pari'e said:
This site is not to do your homework, in fact many of them told you so. No one is going to do your homework here, now that we know you are throwing bogus stories out there.

Just wondering, WHT CAN"T YOU DO YOUR OWN HOMEWORK?
Lady, you didn't do my homework, nobody did, so get over it. The more you respond, the more this gets bumped up. Don't wanna answer then don't. Evidently I got your attention though since youtook the time out of your day to respond.
 

LdiJ

Senior Member
Shay-Pari'e said:
This site is not to do your homework, in fact many of them told you so. No one is going to do your homework here, now that we know you are throwing bogus stories out there.

Just wondering, WHT CAN"T YOU DO YOUR OWN HOMEWORK?
I really can't blame her too much for looking for answers to tax questions. Unless you have access to CHH or RIA its hard to get real answers. Its not as readily available as you might think.

One might think that the IRS publications would have all the answers, but believe me, they don't. On top of that, the search engine on the IRS site isn't particularly good.
 

JesB

Member
LdiJ said:
I really can't blame her too much for looking for answers to tax questions. Unless you have access to CHH or RIA its hard to get real answers. Its not as readily available as you might think.

One might think that the IRS publications would have all the answers, but believe me, they don't. On top of that, the search engine on the IRS site isn't particularly good.
Since you seem pretty knowledgeable in Tax Law do you think that if it ever happens again that he just take it up in court? The last time this happened he was only a really little bit behind and that was only because his payment hadn’t posted yet. By the time the IRS got involved he was already current. If he does take it to court do you think they will order her to repay him or will it just be credited?

Thank you
-Jes
 
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