Help me understand

[angelat28]

What is the name of your state? Ohio
I am recently Divorced actually not yet waiting on the papers.
We had to go to trial to let the judge decide on some things my ex insisted he had to have. Well first he left us last year right before christmas and on top of that was arrested for deomestic vilonce a couple months later. we owned a house and all that. anyway I have been a stay at home mom for almost 8 years now. I work part time right now my son is still with me and my ex gets him every other weekend and signed that he didnt want him holidays or in the summer. which is great to me. He hasnt paid one cent in any kind of child support and was suppose to start paying in july. when we went to court somehow the judge decided that my ex gets to file my son on his taxes every year and he dosent have to pay any back child support and after my lawyer told me he would have to pay all my lawyer fee's he dont have to pay me a dime. I am curiouse how this happened and if there is anything I can do. I dont feel my lawyer did a thing for me I felt like she was working for my husband most of the time. she never sent me papers stateing what happen in court or when my court dates were she never called me back or awnsered her phone. I am ver frustrated because i want to at least file my son on my taxes which i would get around 4,000 back with earned income credit and the child tax. Can anyone help me or give me advice as what I can do if anything I feel hopeless and I am now left with a 4,000 bill to my lawyer i cant pay exspecially now that i can not file my son on my taxes.
thank you
angela

 

[LdiJ]

What is the name of your state? Ohio
I am recently Divorced actually not yet waiting on the papers.
We had to go to trial to let the judge decide on some things my ex insisted he had to have. Well first he left us last year right before christmas and on top of that was arrested for deomestic vilonce a couple months later. we owned a house and all that. anyway I have been a stay at home mom for almost 8 years now. I work part time right now my son is still with me and my ex gets him every other weekend and signed that he didnt want him holidays or in the summer. which is great to me. He hasnt paid one cent in any kind of child support and was suppose to start paying in july. when we went to court somehow the judge decided that my ex gets to file my son on his taxes every year and he dosent have to pay any back child support and after my lawyer told me he would have to pay all my lawyer fee's he dont have to pay me a dime. I am curiouse how this happened and if there is anything I can do. I dont feel my lawyer did a thing for me I felt like she was working for my husband most of the time. she never sent me papers stateing what happen in court or when my court dates were she never called me back or awnsered her phone. I am ver frustrated because i want to at least file my son on my taxes which i would get around 4,000 back with earned income credit and the child tax. Can anyone help me or give me advice as what I can do if anything I feel hopeless and I am now left with a 4,000 bill to my lawyer i cant pay exspecially now that i can not file my son on my taxes.
thank you
angela

Angela, although the orders allow your ex to claim the exemption for the child, you still may file your taxes as "head of household" and are still eligible for the earned income credit, because your son lived with you. Your refund may not end up being quite as big, but it would still be a healthy refund.

If you are doing your taxes yourself, then your child would be considered your "qualifying child". If you are going to a paid preparer, then simply explain the situation.

 

[angelat28]

o.k. sounds good so far,but I am liveing with my dad and i have only been here a couple months. can I still claim head of house hold with that or no? and what if my ex claims head of house hold? dose it matter? I did have a house beforeI moved here.

 

[LdiJ]

o.k. sounds good so far,but I am liveing with my dad and i have only been here a couple months. can I still claim head of house hold with that or no? and what if my ex claims head of house hold? dose it matter? I did have a house beforeI moved here.

You would still claim head of household for 2004. You've only been in your dad's house a couple of months. Don't worry about what your ex claims....its basically irrelevant to you.

 

[angelat28]

ok thanks I am a lil stressed about all thi stax stuff. we usually have a acountant do ours but this year thanks to ex i cant afford that, So I am a lil new to all this tax stuff. I appreciate the help
Angela