dependent children

[justamom24]

What is the name of your state (only U.S. law)? wisconsin

At the time of our divorce I recieved placement of our children and my ex only sees the children every other weekend. As part of our divorce agreement we were to claim one child each year and alternate when one turned 18.

Of course when other tax questions came about the lawyers were not tax attorneys however I was not aware that under federal law I did not have to comply with alternating since my children always lived with me more than 50% of the time and I provide more than 50% of the care etc. My ex only provides the required child support.

My question is with the new tax laws if I refuse to sign the paperwork to allow my ex to claim our child will I be in contempt. It sounds like from what I have read so far that it doesn't matter what is in the divoce papers any longer this is a federal law I have a right as the placement parent with more than 50% if time with my child to claim my child. Am I understanding correctly?

 

[LdiJ]

What is the name of your state (only U.S. law)? wisconsin

At the time of our divorce I recieved placement of our children and my ex only sees the children every other weekend. As part of our divorce agreement we were to claim one child each year and alternate when one turned 18.

Of course when other tax questions came about the lawyers were not tax attorneys however I was not aware that under federal law I did not have to comply with alternating since my children always lived with me more than 50% of the time and I provide more than 50% of the care etc. My ex only provides the required child support.

My question is with the new tax laws if I refuse to sign the paperwork to allow my ex to claim our child will I be in contempt. It sounds like from what I have read so far that it doesn't matter what is in the divoce papers any longer this is a federal law I have a right as the placement parent with more than 50% if time with my child to claim my child. Am I understanding correctly?

You are understanding the federal tax laws correctly, but you still can be found in contempt by the state court judge if you do not honor the divorce decree, by providing a signed form 8332 to the other parent.

 

[justamom24]

Do you believe I stand a chance of getting this changed with little or no effort since the man does not even have a bed for his child under the roof he lives in? He does not even have a room in his fathers home. Instead they go to grandmas every weekend.

 

[Isis1]

Do you believe I stand a chance of getting this changed with little or no effort since the man does not even have a bed for his child under the roof he lives in? He does not even have a room in his fathers home. Instead they go to grandmas every weekend.

i honestly don't think that changes anything. if dad WASN'T paying the support, then definitely request he cannot claim his years if he is not current.

 

[justamom24]

I guess I am totally confused how he had a right to this claim regardless since he does does not provide more finanacial support than I do and definantly not 50%. Arent lawyer breaking a federal suggesting this information be added to a divorvce decree without letting the parties know that they could decline legally?

 

[Isis1]

I guess I am totally confused how he had a right to this claim regardless since he does does not provide more finanacial support than I do and definantly not 50%. Arent lawyer breaking a federal suggesting this information be added to a divorvce decree without letting the parties know that they could decline legally?

lawyers can suggest anything they want. just like a client and deline anything they want and let a judge decide. it's actually that simple.

dad has the right because you and dad agreed to it at a point, therefore, making it law pertaining to your custody issue.

 

[justamom24]

People hire lawyers because they know the law. If we ourselves were aware of all laws. Lawyers would not have a job. I believe morally this never should have been a part of my divorce decree due to the nature of the placement. If a lawyer is going to add this information they should explain it and not trick their clients because it makes life easier for the two local lawyers that are working hand and hand. I can assure you my lawyer would not take this offer in a divorce because she would be aware she does not have to by federal law.

This was sneaky and under handed and should be not be allowed in court. I wonder if judges everywhere are aware the lawyers clients(customers paying customers) are being tricked during one of the worst times of their families lives.

I wonder how many other men and women out there in Wisconsin have been roped into this mess and continue to be roped into this.

 

[ecmst12]

Switching off the dependent claims is a VERY common thing in divorce/custody agreements. Your lawyer agreed to it because it's standard, a reasonable request.

 

[justamom24]

ok

Why is it common and why is it a standard practice?
Federal law states the the person with whom the child spends more than 50% of the year with claim the child.
The one that provides more that 50% of the support.
So why is this even a common practice and who came up with this bright idea?
It is a reward to entice the paying parent (meaning child support provider) to pay their child support?
It is a reward for paying up 17% of there paycheck and only seeing their child every other weekend?
Please explain this to me what made this practice become a practice?

Thank you!

 

[justamom24]

one more thing ecmst12 you said something very interesting.

My Lawyer agreed to it. MY Lawyer.

What makes a lawyer believe they can agree to something with another lawyer without discussing all ramifications with the person that is paying them? That is why she was MY Lawyer. Not his lawyer. And her actions were in his best interest not mine.

Again a lawyer going against Federal law. A law that would be in their clients best interest due to the circumstances.

Any idea how I can get this mess straightened out without a fuss?

 

[LdiJ]

Why is it common and why is it a standard practice?
Federal law states the the person with whom the child spends more than 50% of the year with claim the child.
The one that provides more that 50% of the support.
So why is this even a common practice and who came up with this bright idea?
It is a reward to entice the paying parent (meaning child support provider) to pay their child support?
It is a reward for paying up 17% of there paycheck and only seeing their child every other weekend?
Please explain this to me what made this practice become a practice?

Thank you!

If you ask a judge (not just a lawyer but a judge) in my state, they will tell you exactly that, that it is an incentive to the NCP to consistantly pay their child support.

 

[ecmst12]

Your lawyer acted in your best interest, if she thought it was something you should fight she would have advised you of it. Refusing to agree could have made you look petty to the judge, and the judge very well could have ordered it anyway even if you didn't agree. Dad is, at least in theory, paying 50% of the cost to support the child, so he should be entitled to claim the child half the time. If you were still married, you'd be sharing the credit, you should continue to share it now that you've split up. Now, if he's not current on child support that argument falls flat, but as long as he's paying his share, it's PERFECTLY fair and reasonable that he share the tax credit with you.

 

[pagemakker]

You are understanding the federal tax laws correctly, but you still can be found in contempt by the state court judge if you do not honor the divorce decree, by providing a signed form 8332 to the other parent.

By signing form 8332 you are ONLY giving the non-custodial parent the deduction and the tax credit. You are STILL entitled to the HOH filing status and all benfits that arise from it - such as EIC.

 

[justamom24]

First LDij- It is my understanding that the incentive for not paying child support at least in wisconsin is JAIL? Is this not correct? So why do we need to paint a pretty a pretty picture for another parent to be responsilble.

ecmsc12 you responded.
Your lawyer acted in your best interest, if she thought it was something you should fight she would have advised you of it. Refusing to agree could have made you look petty to the judge, and the judge very well could have ordered it anyway even if you didn't agree. Dad is, at least in theory, paying 50% of the cost to support the child, so he should be entitled to claim the child half the time. If you were still married, you'd be sharing the credit, you should continue to share it now that you've split up. Now, if he's not current on child support that argument falls flat, but as long as he's paying his share, it's PERFECTLY fair and reasonable that he share the tax credit with you.

I don't understand your answer. Number one my Lawyer thought I was being petty when my ex's mother lowered his pay scale on paper and didn't think this would be questionable yet know one wanted to fight differently because they probably didn't want the judge to know what mamma had done for her son.
2. I am not sure how 17% of a pay check adds up to 50% so if he is giving 17% and all net I recieve from my pay is placed into our home where he resides with me 317 overnights out of the year and with his father only 48. How is this half time?
Correct if we were married we would share but we are not because he didn't want to share being a physical parent and a partner in a marriage thus why we are divorced in a no fault state. However the reason he does not have his children or child 50/50 is because every other weekend was enough for him.
So again the federal law states if the child lives with you for more the year you can claim them as a dependent.
Therefor I did not have to put in this position and nobody asked me or told me I didn't have to agree I was led to believe I had not choice which is under handed and I believe the lawyer took advantage of their position that I was not aware of the law.
pagemaker
You do not get it my child not his not dependent on his father not even for a roof over his head when he gets him 48 night out of the year. They go to grandmas house and have done so for 5 years . When he does stay with his father its on the couch.

Nice father don't you think? oh he did offer to put a bed in his girlfriends house basement for his child. The upstairs room is an office.

Maybe its just me?

 

[LdiJ]

I understand your confusion...

However I have already explained it the best that I have time to explain it...as have others.

You can certainly file your returns according to the tax code and the IRS will back you up. However, then you are going to have to deal with the state court judge, and that may not be pretty for you.