Claiming son for EIC Credit

[xnayyz]

What is the name of your state? Kansas

Hello, and thank you for taking time to read my inquiry. I have been divorced since 2001 and have had shared custody, along with my Ex, of my only son (14yr) since. My divorce decree states that I alternate the years in regards to whom gets to claim him as a dependent. Last year, I was unemployed many months and my annual income was under $10000. It's not my year to claim my son as a dependent, and therefore cannot take advantage of the EIC credit. My Ex cannot take adavantage the EIC credit because her income excceds the maximum allowed. Is it possible for me to claim my son this year without filing form 8832? Would it not be in my son's best interest for a parent to receive the Child Tax Credit & EIC credit for his well being rather than just the Child Tax credit?? Is it unreasonable of me to try and get the EIC credit for my son this year and I should forget about it, thus wasting apprx. $1300 EIC credit which could benefit my childs well being (ie I should leave well enough alone)

I've read that 'The guiding principle for courts in allocating the exemption was, simply, to do that which was in the best interest of the child'. Isn't it in my son's best interest to receive the credit??

Any feedback will be greatly appreciated.

 

[LdiJ]

What is the name of your state? Kansas

Hello, and thank you for taking time to read my inquiry. I have been divorced since 2001 and have had shared custody, along with my Ex, of my only son (14yr) since. My divorce decree states that I alternate the years in regards to whom gets to claim him as a dependent. Last year, I was unemployed many months and my annual income was under $10000. It's not my year to claim my son as a dependent, and therefore cannot take advantage of the EIC credit. My Ex cannot take adavantage the EIC credit because her income excceds the maximum allowed. Is it possible for me to claim my son this year without filing form 8832? Would it not be in my son's best interest for a parent to receive the Child Tax Credit & EIC credit for his well being rather than just the Child Tax credit?? Is it unreasonable of me to try and get the EIC credit for my son this year and I should forget about it, thus wasting apprx. $1300 EIC credit which could benefit my childs well being (ie I should leave well enough alone)

I've read that 'The guiding principle for courts in allocating the exemption was, simply, to do that which was in the best interest of the child'. Isn't it in my son's best interest to receive the credit??

Any feedback will be greatly appreciated.

Unless your child lives with you MORE than 1/2 of the year, you are not eligible for EIC.

 

[xnayyz]

Hello, and thanks for your reply. As mentioned above, I have shared custody. My son stays with me for half the week, and with his mother the other half. Over the course of a year, it's pretty much right down the middle... 50/50. There are no support payments made to either parent, also.

I just hate to see an EIC credit wasted. I don't want the child tax credit, I feel my Ex is entitled to that, and I'm not wanting to claim him as an exemption, I'm just hoping to claim the EIC credit for him. Is this possible? It seems that my son's best interest (which is really what's important here) is not being satisfied here, and money that he is entitled to is being wasted.

 

[LdiJ]

Hello, and thanks for your reply. As mentioned above, I have shared custody. My son stays with me for half the week, and with his mother the other half. Over the course of a year, it's pretty much right down the middle... 50/50. There are no support payments made to either parent, also.

I just hate to see an EIC credit wasted. I don't want the child tax credit, I feel my Ex is entitled to that, and I'm not wanting to claim him as an exemption, I'm just hoping to claim the EIC credit for him. Is this possible? It seems that my son's best interest (which is really what's important here) is not being satisfied here, and money that he is entitled to is being wasted.

Again, no one is eligible for EIC unless a child lives with them MORE than 50% of the year. You are NOT eligible for EIC.

 

[xnayyz]

I appreciate you what your saying, LdiJ, and I fully understand about the 'MORE than 1/2 of the year' requirement of the tax law. But it occurs to me in comprehending that logic, that no parent would ever be able to legally claim a child as a dependent or for the EIC in a shared custody environment where each parent has the child ONLY 50 percent of the time. I would hardly think that would be in the childs best interest, and therefore it seems that the tax lax is flawed or lacking provisions in regards to a shared custody environment. I'm not trying to be argumentative here, just practical.

 

[fairisfair]

I appreciate you what your saying, LdiJ, and I fully understand about the 'MORE than 1/2 of the year' requirement of the tax law. But it occurs to me in comprehending that logic, that no parent would ever be able to legally claim a child as a dependent or for the EIC in a shared custody environment where each parent has the child ONLY 50 percent of the time. I would hardly think that would be in the childs best interest, and therefore it seems that the tax lax is flawed or lacking provisions in regards to a shared custody environment. I'm not trying to be argumentative here, just practical.

So, what is it you are expecting her to say? Go ahead and take it anyway? Ldij has given you the IRS tax regulations regarding the EIC credit. Fair or not.

 

[xnayyz]

I'm only hoping to understand tax law more better, and find out if there is any precedence or special tax law provisions to my inquiry that I may have overlooked during my searches. That's all, FairIsFair. To me, it's not a question of being fair, but rather one of legality. If the only answer to my inquiry is 'just give it a shot, and see what happens', I must admit, I was hoping for a more intelligent response. NO disrespect intended.

 

[fairisfair]

I'm only hoping to understand tax law more better, and find out if there is any precedence or special tax law provisions to my inquiry that I may have overlooked during my searches. That's all, FairIsFair. To me, it's not a question of being fair, but rather one of legality. I'm only hoping to understand tax law more better, and find out if there is any precedence or special tax law provisions to my inquiry that I may have overlooked during my searches. That's all, FairIsFair. To me, it's not a question of being fair, but rather one of legality. If the only answer to my inquiry is 'just give it a shot, and see what happens', I must admit, I was hoping for a more intelligent response. NO disrespect intended.

Please indicate on the thread where any one told you that the answer was "just give it a shot and see what happens"

You were told that you are NOT qualified to claim the EIC credit. Period.

 

[xnayyz]

The question mark after 'Go ahead and take it anyway?' seems vague and implies that to me, fairisfair. Pardon me for taking your quote out of context. As I said, no disrespect intended.

Also, I thought of doing just that, going ahead and taking it anyway. But it seemed prudent of me to ask people with more knowledge and a better understanding of tax law than myself, beforehand. I'll probably amend this years return with the EIC and see if I get laughed at by the IRS for trying it, I guess?? I just hope it won't come back on my EX in some way.

 

[fairisfair]

The question mark after 'Go ahead and take it anyway?' seems vague and implies that to me, fairisfair. Pardon me for taking your quote out of context. As I said, no disrespect intended.

Also, I thought of doing just that, going ahead and taking it anyway. But it seemed prudent of me to ask people with more knowledge and a better understanding of tax law than myself, beforehand. I'll probably amend this years return with the EIC and see if I get laughed at by the IRS for trying it, I guess?? I just hope it won't come back on my EX in some way.

What do you expect her to say???? Go ahead and try it anyway??? as in, do you expect her to tell you to go ahead and try it, althought it is against IRS regulations??????

Chances are, if no one else is claiming the child, you may well get away with it. That doesn't make it correct.

 

[xnayyz]

If you meant it that way, it should have been written similarly to 'What do you expect her to say, 'go head and take it anyway'?', and not as two sepearate sentences. But enough with the grammatical lesson, as I'm no expert myself. Furthermore, I don't feel that you've read my first post entirely. If you had, you would already understand that my Ex is claiming him this year, I guess unlawfully according to the wording of the tax lax, because she only supported him for ONLY 50% of the time. And, I would guess for that matter we've both been unlawfully 'getting away with it' for the last 6 years, despite what the divorce decree says because it's my understanding that federal law supercedes a court order. The fact of the matter is, fairisfair, that I'm not trying to get away with something here, I'm just trying to find a LEGAL and CORRECT way of taking advantage of a credit, that will otherwise be lost, to benefit my son and his best interests. It seems that the only answer(s) to my inquiry is that neither parent qualifies to claim my son as a dependent at all because neither parent has him more than 1/2 of the year. And as a result, neither parent is eligible to claim the child tax credit or the EIC. Surely, the tax law for parents who have shared custody and their children ONLY 50% of the time is not designed to accommodate the child's best interest in such a way.

 

[fairisfair]

If you meant it that way, it should have been written similarly to 'What do you expect her to say, 'go head and take it anyway'?', and not as two sepearate sentences. But enough with the grammatical lesson, as I'm no expert myself. Furthermore, I don't feel that you've read my first post entirely. If you had, you would already understand that my Ex is claiming him this year, I guess unlawfully according to the wording of the tax lax, because she only supported him for ONLY 50% of the time. And, I would guess for that matter we've both been unlawfully 'getting away with it' for the last 6 years, despite what the divorce decree says because it's my understanding that federal law supercedes a court order. The fact of the matter is, fairisfair, that I'm not trying to get away with something here, I'm just trying to find a LEGAL and CORRECT way of taking advantage of a credit, that will otherwise be lost, to benefit my son and his best interests. It seems that the only answer(s) to my inquiry is that neither parent qualifies to claim my son as a dependent at all because neither parent has him more than 1/2 of the year. And as a result, neither parent is eligible to claim the child tax credit or the EIC. Surely, the tax law for parents who have shared custody and their children ONLY 50% of the time is not designed to accommodate the child's best interest in such a way.

I don't disagree with your position on the matter. and just because she claimed him as a dependent, does not prevent another person who is eligible, to take the EIC for the same child. If this wasn't a legal website, my answer to you as to what I would do, might be different

Actually, I should have put quotation marks around what she was supposed to say. But whatever. I am too busy to argue grammar and structure. We will leave that to the grammar po po.

 

[xnayyz]

Thank you, fiarisfair, for elaborating more fully. It's comforting to know that my position in this matter is not in vain. However, I'm hoping that you would have elaborated a bit more on the 'and just because she claimed him as a dependent, does not prevent another person who is eligible, to take the EIC for the same child' part of it. The answer to that is the whole jist of my inquiry. This is able to be done without my EX losing her exmption and child tax credit for my son?

Is there another way of us discussing in more detail as to how different your answer would be if this wasn't a legal website?? I'm not sure I fully understand what you're saying there.

 

[LdiJ]

What do you expect her to say???? Go ahead and try it anyway??? as in, do you expect her to tell you to go ahead and try it, althought it is against IRS regulations??????

Chances are, if no one else is claiming the child, you may well get away with it. That doesn't make it correct.

Actually, that isn't very likely. The IRS is using all kinds of triggers to decide who to mini-audit for EIC violations. Many people are getting caught claiming EIC when they are ineligible to do so. Its a 9 billion dollar problem.

 

[xnayyz]

LdiJ, do you feel that I'm ineligible for the EIC? If so, do you feel this way solely because I do not have my son more than 1/2 of the year? You can think of no Legal and Correct way for me to claim this credit for my son this year, or for that matter as an exemption in any year, since my divorce decree make it not possible for either parent to have my son for more than 1/2 of the year?