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Unusual Income Tax Deduction Situation

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wendyt

Guest
I'll try to summarize as best as possible, I have been with my fiance since 1992, his son started living with us full time in 1994. (His mom moved to another state). He filed for child support in 1996 and finally received an order in late 1998. In 1997 we had a son together. When that happened we decided that it would be best for him to stay home with the kids and for me to go to work. Up until 1997 he has always claimed his son on income tax. Well, in 1998 when I went to do my taxes I was told I could claim my fiance, his son and of course my son. (Head of Household). Again, she was not paying support until late 1998. In 1999 my tax advisor said that even though she was paying support the court order had "conditions" on her so I still had the right to claim him. So I did. She did too. She called me and asked if I did and I said yes. The IRS made her drop the claim for her son because I had the right. I also found out she claimed him in 1998 also (she had to do it illegally). Well, this year she asked me if I was going to claim him again and I said yes. She is now trying to modify her court order that she can "unconditionally" claim him. Can the courts just say..OK..you can? There has to be conditions..what if she gets the grant and quits her job the next day? I am not a vindictive person but I feel I have the right to claim him. He sees her 6 weeks out of the whole year. Yes, she now pays support but I don't think it is over half of what I pay for him. The IRS told me that even if she had that order it would not matter because me and my fiance are not married and it has nothing to do with me. I just don't want to go ahead with it again and get burned. Any advice I'd greatly appreciate. (so much for a summary). Also, I reside in PA

[This message has been edited by wendyt (edited August 12, 2000).]
 


LegalBeagle

Senior Member
It is unlikely that she could petition the court on this one item and suddenly be awarded the claim for tax. If there is no such order in the agreements then the CP gets to claim.

It is unlikely her petition to modify so she can claim will be approved.
 

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