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TAX Season

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infor seeker

Junior Member
What is the name of your state (PA)

Hey folks, quick question about filing taxes this year.

My wife and I are legally separated and have been for over 2 years....we filled a no cause back in May, but she has stalled the process and refuses to sign so she can continue to collect spousal support...this issue is being dealt with...

Being that I pay 70% of the support for three children, how many should I be able to claim and how should I file....meaning single, head of house hold, married but single??

If I file single with no defendants I am going to get killed in taxes and that's just not right.

Thanks for any advice you can lend...
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (PA)

Hey folks, quick question about filing taxes this year.

My wife and I are legally separated and have been for over 2 years....we filled a no cause back in May, but she has stalled the process and refuses to sign so she can continue to collect spousal support...this issue is being dealt with...

Being that I pay 70% of the support for three children, how many should I be able to claim and how should I file....meaning single, head of house hold, married but single??

If I file single with no defendants I am going to get killed in taxes and that's just not right.

Thanks for any advice you can lend...
Who has custody of the children?
And, more importantly, where do the kids actually reside for a greater portion of the year?
 

mistoffolees

Senior Member
Who has custody of the children?
And, more importantly, where do the kids actually reside for a greater portion of the year?
Actually, the second question is the only one that matters 99% of the time.

A simple search will demonstrate:

1. The IRS rules apply unless one party signs an 8332 form (either voluntarily or when ordered by a court).

2. IRS rules say that the person who has the child(ren) the most overnights gets the deduction(s).

3. In the case of a tie on #2, there are tie breakers. The first one is the highest adjusted gross income gets the deduction.

The only way to change that is to get a court order given the non-custodial parent the deduction. Even then, the court can't order the IRS to give the deduction. Rather, they can order the custodial parent to sign an 8332 form.
 

Zigner

Senior Member, Non-Attorney
I agree - the questions were intended to imply synonymity and were likely redundant.


Actually, the second question is the only one that matters 99% of the time.

A simple search will demonstrate:

1. The IRS rules apply unless one party signs an 8332 form (either voluntarily or when ordered by a court).

2. IRS rules say that the person who has the child(ren) the most overnights gets the deduction(s).

3. In the case of a tie on #2, there are tie breakers. The first one is the highest adjusted gross income gets the deduction.

The only way to change that is to get a court order given the non-custodial parent the deduction. Even then, the court can't order the IRS to give the deduction. Rather, they can order the custodial parent to sign an 8332 form.
 

LdiJ

Senior Member
What is the name of your state (PA)

Hey folks, quick question about filing taxes this year.

My wife and I are legally separated and have been for over 2 years....we filled a no cause back in May, but she has stalled the process and refuses to sign so she can continue to collect spousal support...this issue is being dealt with...

Being that I pay 70% of the support for three children, how many should I be able to claim and how should I file....meaning single, head of house hold, married but single??

If I file single with no defendants I am going to get killed in taxes and that's just not right.

Thanks for any advice you can lend...
A person can only claim head of household if they have qualifying children who live with them more than 50% of the year, based on overnights.

A person can only claim their children as dependents if their children live with them more than 50% of the year, based on overnights...or unless the parent with whom the children do live gives them a signed form 8332 releasing the exemption to them.

How much someone pays in child support is irrelevant under the tax code.

Unless your children live with you under the tax code, I recommend that you negotiate with the other parent.
 

Ronin

Member
If the mother is the custodial parent, and there are no court orders allowing you to take any 8332 exemptions, it is highly unlikely she will give any to you.

If so, negotiating might work if you run up the numbers and show her there is a greater tax benefit to your taking part or all of the children as exemptions instead of her, and that you are willing to split the difference. However, if she qualifies for earned income credit, it may be hard to beat that tax benefit.
 

Bali Hai

Senior Member
A person can only claim head of household if they have qualifying children who live with them more than 50% of the year, based on overnights.

A person can only claim their children as dependents if their children live with them more than 50% of the year, based on overnights...or unless the parent with whom the children do live gives them a signed form 8332 releasing the exemption to them.

How much someone pays in child support is irrelevant under the tax code.

Unless your children live with you under the tax code, I recommend that you negotiate with the other parent.
Not entirely correct.

What if the child is a college student?
 

LdiJ

Senior Member
Not entirely correct.

What if the child is a college student?
Completely correct. College is considered a temporary absence from home. Therefore the custodial parent is the parent to whose home the college student returns for breaks and summers.

If the college student does not return home for breaks and summers, then the college student may possibly no longer be a dependent. The devil is in the details.
 

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