Is this true?

[abstract99]

What is the name of your state? Az

I am allowed to claim the children every 3rd year. I heard on another post that the person caliming the child has to hve an income or else it is not really that spouse that is getting the deduction, it is their new spouse. Is this true? I just recently got my ex wifes last three years of tax returns and she was not working for any of them. her income is listed as zero. I thought that she has a small income until I saw the returns. Since my ex gets my returns anyways and my return would have been roughly $3,000 more each year that I wasn't able to claim, would I be able to ask the courts for credit to the last three years tax returns?

My ex would not really be out any money in this case since it would go towards my arrears.

 

[LdiJ]

What is the name of your state? Az

I am allowed to claim the children every 3rd year. I heard on another post that the person caliming the child has to hve an income or else it is not really that spouse that is getting the deduction, it is their new spouse. Is this true? I just recently got my ex wifes last three years of tax returns and she was not working for any of them. her income is listed as zero. I thought that she has a small income until I saw the returns. Since my ex gets my returns anyways and my return would have been roughly $3,000 more each year that I wasn't able to claim, would I be able to ask the courts for credit to the last three years tax returns?

My ex would not really be out any money in this case since it would go towards my arrears.

She and her spouse are an "economic unit". She doesn't have to be working to benefit from the exemption. The odds of you convincing a judge to agree to your logic is slim to none.

 

[tigger22472]

To add, absent wording in the court order granting you the right to take the deduction, without having your ex agree and sign the form permitted for such (cannot remember the number) you aren't entitled to by IRS standards, not even every 3rd year.

 

[tigger22472]

My ex would not really be out any money in this case since it would go towards my arrears.

Maybe not but technically if she has the right to the deduction and you owe arrears it wouldn't even be plausible for her to agree to allowing you the deduction because in essence she would be paying your arrears.

 

[abstract99]

Maybe not but technically if she has the right to the deduction and you owe arrears it wouldn't even be plausible for her to agree to allowing you the deduction because in essence she would be paying your arrears.

I am allowed to claim as long as I was current for the tax year that I am claiming the children according to our decree.

 

[abstract99]

To add, absent wording in the court order granting you the right to take the deduction, without having your ex agree and sign the form permitted for such (cannot remember the number) you aren't entitled to by IRS standards, not even every 3rd year.

What if I filed before she did? Why can I not claim them if my CO says that I can? She does not file until April 15th and I file on the 1st of Feb. Legally (though mom does not allow it) I actaully have the kids just shy of 50% of the time. All school breaks, 2 weeks of my choice and if I am in town I can have them every other weekend as well.

 

[NotSoNew]

What if I filed before she did? Why can I not claim them if my CO says that I can? She does not file until April 15th and I file on the 1st of Feb. Legally (though mom does not allow it) I actaully have the kids just shy of 50% of the time. All school breaks, 2 weeks of my choice and if I am in town I can have them every other weekend as well.

tigger said ABSENT wording in your court order allowing you to do so, you say your court order says you can, therefore your court order must have the wording and you CAN.

 

[tigger22472]

What if I filed before she did? Why can I not claim them if my CO says that I can? She does not file until April 15th and I file on the 1st of Feb. Legally (though mom does not allow it) I actaully have the kids just shy of 50% of the time. All school breaks, 2 weeks of my choice and if I am in town I can have them every other weekend as well.

If you read what I said... If it's NOT in the order than you can claim them. Were you current for the year?

If you both claim the children the IRS will audit and determine who was entitled to the deduction. At that point the parent who wrongly claimed will be sanctioned.

Are you saying all school breaks, 2 weeks of your 'choice' and EOW constitutes 50%? Unless they have extremely long breaks and/or you get them ALL summer that's not 50%.

 

[ceara19]

She and her spouse are an "economic unit". She doesn't have to be working to benefit from the exemption. The odds of you convincing a judge to agree to your logic is slim to none.

I think his chances of getting it changed is a little better then slim to none. Mom and the new husband are an "economic unit" as far as the IRS is concerned. abstract99 could argue that he is the sole source of financial support for the child. While I'm sure that the step father does contribute, he is not a party to the court order.

The chances still aren't GREAT that the order will be modified and this would not be something to involve the court in and of itself. But if they are going to court for other matters, it would be worth asking for it.

 

[abstract99]

If you read what I said... If it's NOT in the order than you can claim them. Were you current for the year?

If you both claim the children the IRS will audit and determine who was entitled to the deduction. At that point the parent who wrongly claimed will be sanctioned.

Are you saying all school breaks, 2 weeks of your 'choice' and EOW constitutes 50%? Unless they have extremely long breaks and/or you get them ALL summer that's not 50%.

They attend a year round school 50% would be 182.5 and I have 153 so it is pretty close to half. Yes I get them ALL Summer. and ALL of EVERY school break. This is due to moms own actions as she did not allow me visitation for over a year so now I have make up time. Since I live in a different state, the only time that i can do make-up time is when the childrne are not in school. If I really wanted to be a jerk (which I am not) I could even take them for 3 day weekends and fly them out here every other weekend since the judge said that if I want to pay for it I could but I cannot afford it.