Claiming a dependent on your taxes

[cheersbrass]

What is the name of your state (only U.S. law)? tn

In my divorce decree 9 years ago it stated that my ex wife and I would alternate years claiming our child on our taxes. I am the primary custodial parent even though we have joint custody. My daughter has lived with me over 80% of the time since the divorce. No child support was awarded to either parent. Even though it says for us to alternate years I have been claiming my daughter every year because the representative I spoke with at the IRS said if the child lives with one parent more than 6 months out of the year and provides over half of the support then they have the legal right to claim the child.

My daughter is a 17 old teen now and the costs for raising her have gone through the roof for medical bills,car and health insurance, and soon to be college. I have asked my ex for financial support to assist in covering the costs and she says no due to the fact that I claim my daughter every year "illegally" on my taxes and that I am in contempt of court and that I should use the money from that to cover the costs... The cost to raise her is 10 times the tax credit i get every year. Is she correct stating that I am in contempt of court? Additionally what process do I need to follow to have this this changed on my divorce decree to state I claim her every year and how do I then ask for child support to help cover these on going costs.

Thanks in advance for your assistance and I look forward to your response.

 

[LdiJ]

What is the name of your state (only U.S. law)? tn

In my divorce decree 9 years ago it stated that my ex wife and I would alternate years claiming our child on our taxes. I am the primary custodial parent even though we have joint custody. My daughter has lived with me over 80% of the time since the divorce. No child support was awarded to either parent. Even though it says for us to alternate years I have been claiming my daughter every year because the representative I spoke with at the IRS said if the child lives with one parent more than 6 months out of the year and provides over half of the support then they have the legal right to claim the child.

My daughter is a 17 old teen now and the costs for raising her have gone through the roof for medical bills,car and health insurance, and soon to be college. I have asked my ex for financial support to assist in covering the costs and she says no due to the fact that I claim my daughter every year "illegally" on my taxes and that I am in contempt of court and that I should use the money from that to cover the costs... The cost to raise her is 10 times the tax credit i get every year. Is she correct stating that I am in contempt of court? Additionally what process do I need to follow to have this this changed on my divorce decree to state I claim her every year and how do I then ask for child support to help cover these on going costs.

Thanks in advance for your assistance and I look forward to your response.

Yes, you absolutely ARE in contempt of court...or rather, if mom took you to court you would be held in contempt. The IRS gave you correct information, but you are responsible to release the exemption for the child to mom every other year under the divorce decree. You deliberately did not release the exemption to mom, therefore you would absolutely be held in contempt.

If you took mom to court for child support, you would get child support. However, unless mom is stupid she would counter file for contempt for you claiming the child every year and you would be paying either be paying mom for the refunds she didn't receive, or you would have to amend your returns and pay back the IRS for the excess refunds you received, so mom could then amend her returns and get her refunds...probably a combination of both since only 2006-2008 can be amended to claim a refund.

My guess is that it would cost you a lot more to repay mom the tax refunds, than you would collect in child support until the child ages out.

Be smart and leave it be.