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Child Tax Credit problem!

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diamortem

Junior Member
What is the name of your state? MI
Hello,
I have a problem with my child tax credit. Me and my ex-wife have been divorced for over a year now. It is my year to claim my son for tax credit. I have him 50% of the time, although my divorce and child custody decree do not state such. She has full physical and joint legal, but I have had over 50% of the overnights this year.

Here's my problem. My ex-wife claimed my son for child tax credit. She has been unemployed for over a year (all of the 2006 tax year) but she still filed a return. When I e-filed my return, claiming him throughout the year, I was expecting the Child Tax Credit. I was denied my E-file due to his SS already used for that propose. I called her on this and she said it was a mistake on the preparers part. She said that she filed a amendment to have him taken off. It's been over 2 months now and I still haven't been able to e-file due to this. I was informed that she had to either return the check from the IRS or pay it back. I told her this and she said that she never received the tax-credit thus cannot return it.

I am not sure why, or how she can file for the credit in the first place, since she had no taxable income that I am aware of. If she did earn income, it was NOT reported to Friend of the Court, and I am paying more in child support because of it. This also refuted my claim as Head of Household, thus causing my return to be me owing in, instead of me being owed.

I have requested an audit on both of us to prove her income and credit. Does she have any rights to file without taxable income? Is she legally obligated to report earnings to FOC for child support reasons? Will she (hopefully) be penalized and held responsible if she did file w/o income, or not claiming income to FOC? Will I be compensated?

Thanks for any help on this!
Sincerely,
JD
 


LdiJ

Senior Member
What is the name of your state? MI
Hello,
I have a problem with my child tax credit. Me and my ex-wife have been divorced for over a year now. It is my year to claim my son for tax credit. I have him 50% of the time, although my divorce and child custody decree do not state such. She has full physical and joint legal, but I have had over 50% of the overnights this year.

Here's my problem. My ex-wife claimed my son for child tax credit. She has been unemployed for over a year (all of the 2006 tax year) but she still filed a return. When I e-filed my return, claiming him throughout the year, I was expecting the Child Tax Credit. I was denied my E-file due to his SS already used for that propose. I called her on this and she said it was a mistake on the preparers part. She said that she filed a amendment to have him taken off. It's been over 2 months now and I still haven't been able to e-file due to this. I was informed that she had to either return the check from the IRS or pay it back. I told her this and she said that she never received the tax-credit thus cannot return it.

I am not sure why, or how she can file for the credit in the first place, since she had no taxable income that I am aware of. If she did earn income, it was NOT reported to Friend of the Court, and I am paying more in child support because of it. This also refuted my claim as Head of Household, thus causing my return to be me owing in, instead of me being owed.

I have requested an audit on both of us to prove her income and credit. Does she have any rights to file without taxable income? Is she legally obligated to report earnings to FOC for child support reasons? Will she (hopefully) be penalized and held responsible if she did file w/o income, or not claiming income to FOC? Will I be compensated?

Thanks for any help on this!
Sincerely,
JD
You will never be able to efile your 2006 return with your child on it. You can only file a paper return if you want to include him. This is true whether your ex-wife amends her return or not.
 

diamortem

Junior Member
very good to know. I do believe that she efiled though... maybe I'm mistaken but either way my preparer should have known that. He is a tax accountant. I did file by mail yesterday since I couldnt efile.
 

LdiJ

Senior Member
very good to know. I do believe that she efiled though... maybe I'm mistaken but either way my preparer should have known that. He is a tax accountant. I did file by mail yesterday since I couldnt efile.
I am sure that she did efile, which is why you cannot.
 

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