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10-21-2005, 10:45 AM
| | Member | | Join Date: Jun 2005
Posts: 163
| | | tax question
What is the name of your state?VA
The judge, court was in Arizona as that is where he is living now, has ordered that my ex can claim our daughter on his taxes 3 out of 4 years starting with 2006. My attorney said she wants me to file papers with the courthouse where I live to have this changed. She said that he should not be allowed to file her on his taxes. I have heard that even on his years to claim her that I could still claim her as an EIC credit, is that correct? Can he claim her as a dependent and I claim her for an EIC credit in the same year? If I can claim her for EIC credit every year then I dont really have a problem with him claiming her as a dependent on his years. Thank you in advance for your help. |
10-21-2005, 12:57 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,453
| | Quote: |
Originally Posted by poeypooh What is the name of your state?VA
The judge, court was in Arizona as that is where he is living now, has ordered that my ex can claim our daughter on his taxes 3 out of 4 years starting with 2006. My attorney said she wants me to file papers with the courthouse where I live to have this changed. She said that he should not be allowed to file her on his taxes. I have heard that even on his years to claim her that I could still claim her as an EIC credit, is that correct? Can he claim her as a dependent and I claim her for an EIC credit in the same year? If I can claim her for EIC credit every year then I dont really have a problem with him claiming her as a dependent on his years. Thank you in advance for your help. | Yes, you can claim her for EIC purposes, he cannot. (assuming that she lives with you)
However, that also assumes that you will always qualify for EIC, which may not always be the case. How is it that AZ has jurisdiction of your case? Did you recently move from there? |
10-21-2005, 01:04 PM
| | Member | | Join Date: Jun 2005
Posts: 163
| | | No, my daughter and I have never lived in AZ. We were married in FL, he went to prison, and on his release moved to AZ. My daughter and I moved to VA. I filed for support here in VA at DCSE. I received notice in the mail that the hearing was to be in AZ. I called and questioned that as she and I live here. They told me that because bio dad lives in AZ they have jurisdiction as there is a better chance that he would show up for court. They said that it was not necessary for me to be present only him. From what I understand, my DCSE will send a garnishment for his wages to AZ. His employer sends the money to AZ DCSE and they forward to VA DCSE and then to me.
You made a good point about the future and my possibly not qualifying for the EIC. I was told that when I receive the orders about child support from AZ to take those to my area courthouse, file with them, wait until I have been informed that they were registered there and then go an file to have the tax deduction changed. I am thinking that maybe I should do this after all. I will be getting married soon and with our combined income and not sure if we will qualify for EIC. Do you know the amounts and if even possible to file EIC while married? |
10-21-2005, 01:26 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,453
| | Quote: |
Originally Posted by poeypooh No, my daughter and I have never lived in AZ. We were married in FL, he went to prison, and on his release moved to AZ. My daughter and I moved to VA. I filed for support here in VA at DCSE. I received notice in the mail that the hearing was to be in AZ. I called and questioned that as she and I live here. They told me that because bio dad lives in AZ they have jurisdiction as there is a better chance that he would show up for court. They said that it was not necessary for me to be present only him. From what I understand, my DCSE will send a garnishment for his wages to AZ. His employer sends the money to AZ DCSE and they forward to VA DCSE and then to me.
You made a good point about the future and my possibly not qualifying for the EIC. I was told that when I receive the orders about child support from AZ to take those to my area courthouse, file with them, wait until I have been informed that they were registered there and then go an file to have the tax deduction changed. I am thinking that maybe I should do this after all. I will be getting married soon and with our combined income and not sure if we will qualify for EIC. Do you know the amounts and if even possible to file EIC while married? | A married couple no longer qualifies for EIC when their combined income reaches 34,000 a year. So if you are getting married, you should take your attorney's advice and try to get that changed. |
10-21-2005, 01:30 PM
| | Member | | Join Date: Jun 2005
Posts: 163
| | | ok thanks so much for your help. I will file to have it changed as soon as I get the order of support. |
10-23-2005, 12:21 AM
| | Member | | Join Date: Mar 2005
Posts: 73
| | | If the child support order is registered in VA as a foreign decree, you can modify it according to VA laws. VA permits judges to determine who can claim the deductions. It's just that simple.
Register the order and file a [URL=http://divorce.legalhelponline.org/category/child-support/]motion to amend child support[/URL] in VA. | |
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