Claiming children on taxes and other misc. costs

Kansas law.

My husband divorced his 2nd ex wife in July 2009. In their divorce decree it states that he is allowed to claim his children on his taxes on odd years so long as he pays child support. He has never missed a payment yet his ex wife is still refusing to allow him to claim their children on his taxes this year. She believes that if he claims them he will get back "all the money he paid in child support that year". Totally insane concept considering he pays $700 a month, and we sure as heck don't get that back on our tax return! She is now also telling him that she has already filed for 2011.

She is also now threatening that if he takes her to court over this she will fight for him to pay half of daycare expenses, dance class fees and for half of their son's school lunches. Their divorce decree states nothing about daycare costs or anything other than the child support he is to pay.

What actions can we take? Will he be responsible for paying these extra costs on top of child support?

This is not your concern. This is a financial matter between your husband and his ex and it is none of your darn business.

You could ask your husband to post here with his custody order in hand. We do NOT want names posted.

Particularly important will be the section covering who claims the children when.

If needed, the father can file for contempt in court. I would suggest that the father, if it goes to court, bring an 8332 that can be filled out while there.

mrscre said:

He has never missed a payment yet his ex wife is still refusing to allow him to claim their children on his taxes this year.

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Unless she is standing there with a gun in her hand when his return is prepared and filed, no she is most certainly not refusing, because she has no ability to stop him from doing so.

ecmst12 said:

This is not your concern. This is a financial matter between your husband and his ex and it is none of your darn business.

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If she is filing a joint return with her husband it most certainly IS her business who the dependency exemptions are.

She has said she's already filed for 2011. I didn't think two people can claim the same dependents. Plus, wouldn't she have to sign the Form 8332 for me to be allowed to claim them anyway?

Our divorce decree states that "to the extent allowed by applicable state and federal laws, so long as respondent assumes and pays the child support as ordered herein, responsent shall be entitled to claim both children as an exemption in determining obligations for future state and federal income taxes during odd years".

Thanks for the help so far, I appreciate it.

ohdad said:

She has said she's already filed for 2011.

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Possible though not likely.

I didn't think two people can claim the same dependents.

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Which is irrelevant if she isn't entitled to them.

Plus, wouldn't she have to sign the Form 8332 for me to be allowed to claim them anyway?

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Which is why you haul her ass back into court to get ger ordered to do so.

Thank you davew128.

Any idea about the other misc. bills she's now wanting me to pay? What am I paying child support for if it doesn't cover any of that crap?

If it's not in the court order, you don't have to pay it.

But... If the amount that was originally ordered did not include daycare costs, then she may be able to get an upward modification.

davew128 said:

Possible though not likely.

Which is irrelevant if she isn't entitled to them.

Which is why you haul her ass back into court to get ger ordered to do so.

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As to the bolded, HUH? While I suppose that she could have already mailed in a paper return the IRS won't start processing or accepting ANY returns before January 17th this year.

And of course, if she has primary custody the IRS will side with her...which means that its not irrelevant.

However I agree that he needs to haul her butt into court ASAP on the issue of the tax exemptions. The IRS will side with her which means that he has to deal with this issue at the state court level.

Thank you all for your advise. I really appreciate it.

ohdad said:

She has said she's already filed for 2011.

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I'd say she's full of crap.

meanyjack said:

I'd say she's full of crap.

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I'd say you're probably right, but I didn't want to fight with her over it.

LdiJ said:

As to the bolded, HUH? While I suppose that she could have already mailed in a paper return the IRS won't start processing or accepting ANY returns before January 17th this year.

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Which means its POSSIBLE, now doesn't it? Geez.