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Claiming children on taxes in NY State

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ScottDS710

Junior Member
I was wondering if I could petition the court here is Buffalo, NY to see if I could be able to claim one if not both my boys on my income taxes. I was in arrears, but caught up and have been up to date for some time. I'm on SSDI and my 2 boys that I share joint custody with my Ex gets SS through my disability claim. She gets that because she has residential custody. Her and her husband make about 100k a year(combined), while my wife and I make about 48k a year (combined). Please let me know if I can petition to claim them every other year? She has it set up so she claims both, but this was back when I was in arrears. What court do I petition Divorce court or family court?
 


LdiJ

LdiJ

Senior Member
ScottDS710 said:
I was wondering if I could petition the court here is Buffalo, NY to see if I could be able to claim one if not both my boys on my income taxes. I was in arrears, but caught up and have been up to date for some time. I'm on SSDI and my 2 boys that I share joint custody with my Ex gets SS through my disability claim. She gets that because she has residential custody. Her and her husband make about 100k a year(combined), while my wife and I make about 48k a year (combined). Please let me know if I can petition to claim them every other year? She has it set up so she claims both, but this was back when I was in arrears. What court do I petition Divorce court or family court?
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You can try, but since you are on SSDI and technically have little to no taxable income, mom can certainly make the argument that she should continue to have the tax exemptions. How much of that 48k is your SSDI? Is it 15k or more? If so, then none of your SSDI is taxable.

You do realize that you can only claim the children's exemptions and the child tax credit correct? You would not be eligible for EIC for the children. If you and your wife have other children that you are claiming, then the value of your children's exemptions would diminish.
 
S

ScottDS710

Junior Member
First, thank you so much for the response.
To answer your question. No, none of my SSDI is taxable. But wouldn't the judge take into consideration that she gets the boys SSD through my SSDI claim? Which is $346.00 a month for each one of my boys. So with that and their combined income of about 100K plus they can claim his 7yr. old daughter through his previous marriage that he has full custody of. Compared to my wife's 35K and my 13K a year.
Thanks again :)
 
LdiJ

LdiJ

Senior Member
ScottDS710 said:
First, thank you so much for the response.
To answer your question. No, none of my SSDI is taxable. But wouldn't the judge take into consideration that she gets the boys SSD through my SSDI claim? Which is $346.00 a month for each one of my boys. So with that and their combined income of about 100K plus they can claim his 7yr. old daughter through his previous marriage that he has full custody of. Compared to my wife's 35K and my 13K a year.
Thanks again :)
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No, that would not be a factor. She is not taking income out of your home because you are not the parent with primary custody. Its irrelevant that they can claim his daughter.

I am not saying that a judge won't rule in your favor. I am simply saying that its not a slam dunk since you have no taxable income.
 
M

mistoffolees

Senior Member
LdiJ said:
You can try, but since you are on SSDI and technically have little to no taxable income, mom can certainly make the argument that she should continue to have the tax exemptions. How much of that 48k is your SSDI? Is it 15k or more? If so, then none of your SSDI is taxable.

You do realize that you can only claim the children's exemptions and the child tax credit correct? You would not be eligible for EIC for the children. If you and your wife have other children that you are claiming, then the value of your children's exemptions would diminish.
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Not to mention that there's really no reason for the court to make a change. The fact that Dad wants a change isn't justification, nor a change of circumstances.

Furthermore, the deduction is worth more to Mom than it is to Dad, so the net effect of the change would be LESS money in the two households. It's going to be hard for Dad to show that to be in the best interests of the children.
 
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