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  1. #1
    smokeybear Guest

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    Ok-long story! I will give the facts first!
    Ex girlfriend and I have a child-we were never married.
    Child resides with ex. I pay child support. The child support is calculated figuring everything in-food, rent, clothes, medical, etc. The percentage I support the child per year is 50.05%. Over half. I legally support my child over half the year.
    Cour ordered that my ex and i agreed to alternate claiming the child on taxes. Well, the IRS says since we were never married the court applied a law to us they didnt have the right to. If ex and i were divorced or seperated we could make our own agreement, but since we were never married we have to pass the five tests the IRS shows in order to claim the dependant and the parent who meets the tests claims and the parent who does not meet the tests should be claiming. I have spoken to three different IRS agents who are totally telling me i am right. None of them can find a loop.
    They tell me it was not anyoness right to say who can or cannot claim the dependant because under federal law it depeneds on whoever passes the tests. The rules are totallly different for the never married.
    I pass the support test proving i support over half the year. That dosent mean living with the child more than six months-that only applies if you are divorced or seperated. Its black and white! I pass and she dosent there fore i am entitled under federal law to claim yearly. The irs said they dont care what the family court agreement says under federal law she cant legally claim this dependant. So, problem is lawyer dosent know tax law well enough and is arguing with me! I told him to call the irs and they would explain it to him and he dosent care. I want to claim this dependant yearly but dont want to be held in contempt of court for doing so. The irs says their laws will override the family court order. But the irs isnt going to be around when the ex files contempt of court on me for claiming. What do I do? I have all rights under federal law to claim yearly??>?:?
  2. #2
    LadyBlu Guest
    [url]http://ftp.fedworld.gov/pub/irs-pdf/p504.pdf[/url]

    Go to that site and look under page 8 at custodial parent under and pay *Especially Close Attn* to the words SPECIAL RULE. Your ex had custody the majority of the year, actual physical custody... so by law (Federal) she could claim the child every year, the courts have ordered her to only claim the child every other year. In order for you to prove you have provided over 1/2 of the childs living expenses per year you would have to know exactly what your ex spends on groceries, utilities,rent, medical, dental, daycare, clothing.. etc,... the thing is I doubt very seriously that there are many fathers paying support that actually provide over 1/2 of the childs actual living expenses. I just do not see how that can be possible. Granted there are a few possibly that could be, in situations where the mother has lowered her standard of living and is receiving a grand or so a month in support.. but that is not very often. Also, is any of the support you are paying arrears? If so, that is not considered monthly support, that is back support. (Just remembering previous posts you have made)

    In this situation I would suggest you go by the court order, as you have already stated... the IRS isnt going to go to court on your behalf when you get slapped with contempt of court. You should be grateful you are getting to claim the child every other year, most NCP dont.


    Originally posted by smokeybear
    Ok-long story! I will give the facts first!
    Ex girlfriend and I have a child-we were never married.
    Child resides with ex. I pay child support. The child support is calculated figuring everything in-food, rent, clothes, medical, etc. The percentage I support the child per year is 50.05%. Over half. I legally support my child over half the year.
    Cour ordered that my ex and i agreed to alternate claiming the child on taxes. Well, the IRS says since we were never married the court applied a law to us they didnt have the right to. If ex and i were divorced or seperated we could make our own agreement, but since we were never married we have to pass the five tests the IRS shows in order to claim the dependant and the parent who meets the tests claims and the parent who does not meet the tests should be claiming. I have spoken to three different IRS agents who are totally telling me i am right. None of them can find a loop.
    They tell me it was not anyoness right to say who can or cannot claim the dependant because under federal law it depeneds on whoever passes the tests. The rules are totallly different for the never married.
    I pass the support test proving i support over half the year. That dosent mean living with the child more than six months-that only applies if you are divorced or seperated. Its black and white! I pass and she dosent there fore i am entitled under federal law to claim yearly. The irs said they dont care what the family court agreement says under federal law she cant legally claim this dependant. So, problem is lawyer dosent know tax law well enough and is arguing with me! I told him to call the irs and they would explain it to him and he dosent care. I want to claim this dependant yearly but dont want to be held in contempt of court for doing so. The irs says their laws will override the family court order. But the irs isnt going to be around when the ex files contempt of court on me for claiming. What do I do? I have all rights under federal law to claim yearly??>?:?
  3. #3
    LadyBlu Guest
    I would just like to add that after going over the site I gave you in previous post, it states that the Support test applies to only divorced or seperated parents. Meaning that you cannot use that test to determine if you are able to claim the child or not. So the judge gave you a freebie, since the child/situation does not qualify for any of the other tests to determine dependents on the dependcy requirements checklist. So if you really wanted to bring Federal Law into it, you do not have any rights to claim the child at all.

    Read Page 10 of the pdf link I sent you.

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