Quote:
Originally Posted by fthirtyfive  What is the name of your state? OH
Earlier this year I claimed my step child on my taxes and already received my refund a month ago. Well today my wife received $2300 in child support from her formal husband because he claimed my step child on taxes also. His tax refund went to my wife because he owes back child support. She did not fill out form 8332 for him. I believe the custodial parent is the one that claims the child- nothing was mentioned in her divorce about it. Should my wife spend the money or what should we do? |
If the divorce decree is silent on the issue of who claims the child, then only the custodial parent may claim the child, either by themselves, or on a joint return filed with their spouse. (I really hope that you and your wife filed a joint return) The only way around that would be if your wife had given him a signed form 8332, which obviously she did not.
If you and your wife filed a joint return, and the divorce decree is silent on the issue of who claims the child, then your wife can sit back and chuckle.
Not only will she have received some or all of the arrearages that are due to her, but dad will end up having to pay back the IRS any part of his refund that was due to claiming the child, even though it went to her instead.
03-18-2008, 04:59 PM
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