dont we have any right

[ptkamss]

What is the name of your state? mass
i am getting married in september. i do not work but my fiance does. my daughter lives with us and we have a newborn son together. my ex pays 64 a week for child support. we went to court and because i am not working the judge stated my ex can claim her solely until i get a job then we switch years. i know that once we get married my husband can legally claim her because he does provide most of her support. is there any thing we can do to at least be able to claim her every other year? its very frusterating because 64 dollars a week does not provide even close to half her yearly support but he gets almost half of what he pays us back in taxes by claiming her. can the judge really tell me i have to work. he even told me i have to make 10,000 in a year to even think about claiming her. we figured it out and i would have to work anywhere from 20-30 hours a week all year to make that. i do not work because of having a newborn and we feel it is important for me to stay home with him and daycare is way too expensive for us it would exceed what i would make each week. i do not understand why we are penalized for me not working when we sacrafice luxeries so i do not have to work. PLEASE ANY HELP WOULD BE GREATLY APPRECIATED!!!!!!!!!!! thank you

[Zigner]

Your new guy can't claim your kiddo because the ex CAN claim her.

As for your other questions - you knew the situation BEFORE you got pregnant. You need to drop the "victim" attitude.

[CourtClerk]

Originally Posted by ptkamss

What is the name of your state? mass
i am getting married in september.

Congratulations

i do not work but my fiance does.

ok

my daughter lives with us and we have a newborn son together.

ok

my ex pays 64 a week for child support.

ok

we went to court and because i am not working the judge stated my ex can claim her solely until i get a job then we switch years.

Sounds fair to me

i know that once we get married my husband can legally claim her because he does provide most of her support.

Well...seeing as if the judgy wudgy just said that you and he will be switching years... make that you and your husband's joint return can claim her as a dependant every OTHER year...

is there any thing we can do to at least be able to claim her every other year?

Nope... not a darn thing.

its very frusterating because 64 dollars a week does not provide even close to half her yearly support but he gets almost half of what he pays us back in taxes by claiming her.

He pays $64 a week towards her support more than you do. You have no income in which to support YOUR child... he claims her and he gets the deduction. Sounds like a plan.

can the judge really tell me i have to work.

You didn't indicate that he said you HAVE to work, only that you had to work if you wanted to claim her as a dependant.

he even told me i have to make 10,000 in a year to even think about claiming her.

That sounds about right, but LDiJ can tell you exactly how much you would be required to make in order to make you have to file an income tax return.

we figured it out and i would have to work anywhere from 20-30 hours a week all year to make that.

ok

i do not work because of having a newborn and we feel it is important for me to stay home with him and daycare is way too expensive for us it would exceed what i would make each week.

And you are well within your right to make that decision. The judge was well within his right to make the decision he made. Lots of us put our kids in daycare as infants.

i do not understand why we are penalized for me not working when we sacrafice luxeries so i do not have to work.

Why should your ex be penalized for not being able to claim a child he is helping to support? You (again) made the decision not to work. Everyone has to deal with all of the consequences of the decisions we make. Good bad or indifferent

PLEASE ANY HELP WOULD BE GREATLY APPRECIATED!!!!!!!!!!! thank you

Advice: get over it or get a job.

[LdiJ]

Guys and Gals, we don't generally do that on the tax forum.

ptkamss,

Technically, under federal law you are the only one that has the right to claim the child. Dad can only claim the child if you voluntarily give him a form 8332 releasing the exemption to him. However, state court judges have been taking it upon themselves for a long time now, to usurp the right to make those kinds of orders.....and even though the IRS would back up you claiming the child in a heartbeat, the state court judge will seriously penalize you if you do not follow HIS orders.

Yes, it is obvious that your family unit is providing more than 50% of the child's support. However, since you are not working and you are not married, dad is the only viable one to claim the child for now.

Once you get married, file try filing for a modification. One argument that you can make to the judge, is if the judge imputed an income to you, and your husband is having to take up the slack for that imputed income, then the two of you should have the right to claim the child on your joint return every other year.

[abezon]

Other arguments for a modification you can make include:

-since you are now filing a joint return with hubby #2, the every-other year exemption should apply based on joint income, not just yours.

-since ex is only paying $64 per week, new hubby is in fact providing 80% of the kid's support, so you & new hubby should be allowed to claim the exemption on your joint return every (other) year, since you two will get the greatest tax benefit for doing so.

-ex getting to claim the kid should be contingent on him being paid in full on all current & back support as of 12/31 for any year he theoretically would be able to claim the kid. If he's a day late or a dollar short, he doesn't get to claim the kid. This is a great provision for getting noncustodial parents to pay up by Christmas.

[RenoNv]

I'm not a legal professional and only came across your post in a search but I sympathize with your position. I have only a suggestion. Have you thought about babysitting in your home to earn income? Or working opposite shifts? When my kids were small my husband worked days and I worked nights. I wish you the best of luck in your new marriage.

[eddie57]

Originally Posted by ptkamss

What is the name of your state? mass
i am getting married in september. i do not work but my fiance does. my daughter lives with us and we have a newborn son together. my ex pays 64 a week for child support. we went to court and because i am not working the judge stated my ex can claim her solely until i get a job then we switch years. i know that once we get married my husband can legally claim her because he does provide most of her support. is there any thing we can do to at least be able to claim her every other year? its very frusterating because 64 dollars a week does not provide even close to half her yearly support but he gets almost half of what he pays us back in taxes by claiming her. can the judge really tell me i have to work. he even told me i have to make 10,000 in a year to even think about claiming her. we figured it out and i would have to work anywhere from 20-30 hours a week all year to make that. i do not work because of having a newborn and we feel it is important for me to stay home with him and daycare is way too expensive for us it would exceed what i would make each week. i do not understand why we are penalized for me not working when we sacrafice luxeries so i do not have to work. PLEASE ANY HELP WOULD BE GREATLY APPRECIATED!!!!!!!!!!! thank you

I would go to your local IRS office or call them on the matter. They are supposed to be the so called experts. They should let you know in a matter is minutes what your options are. Once you're officially married your available options will greatly expand. I know you'll have this resolved in no time. Good luck.

[LdiJ]

Originally Posted by eddie57

I would go to your local IRS office or call them on the matter. They are supposed to be the so called experts. They should let you know in a matter is minutes what your options are. Once you're officially married your available options will greatly expand. I know you'll have this resolved in no time. Good luck.

It won't do her any good to talk to the IRS. Her problem isn't with the IRS, its with the state court judge.