exemptions

[Subandera]

What is the name of your state?Florida
My ex and I are in the process of having issues worked out regarding child support in the court system. The judge "put on hold" the issue regarding exemptions for our 3 children. I am the non custodial parent. I pay $1400+ child support. My ex hs stated income of $5 per month and files tax returns taking the kids as exemptions. Obviously I provide over 50 % of support for the children. Can I still file and claim the kids as exemptions based on my ex's notarized financial statement of $5 per month income from interest? (he is unemployed) He refused to sign the IRS form voluntarily. If I attach his financial statement to my return will that work? The judge is being slow in making a decision but doesn't my ex's financial statement prove enough to the IS?

 

[Snipes5]

The only thing the IRS will accept from the NCP is a signed IRS form 8332, or a court order that contains no contingencies.

If you can get custody, you won't have this problem. Meanwhile, have your attorney attempt to get this resolved before the end of the year.

Snipes

 

[Subandera]

response to iRS exemptions

I do not have an attorney. I am doing this pro se. I did get something from the IRS that I needed to prove I provided 50% of support. So his notarized statement of $5 per month income is not enough proof? He is trying to say that when he claims them it benifits the children

 

[Snipes5]

All that statement proves is that "He" didn't support them, it doesn't prove that you did.

Just because the IRS asks for a certain thing, doesn't mean they've asked for the RIGHT thing.

Asking you to prove support means they're questioning the Head of Household filing status, to which you are not entitled if the kids didn't live with you in the first place, whether you support them or not.

They will eventually disallow the exemptions if you do not get the documentation I indicated.

At least go see an Enrolled Agent about this. But you are going to need an Attorney to get the judge to settle your case the way you want it. Especially if you are already having difficulty getting this done.

 

[Subandera]

I know "he" filed as head of household based on his $5/mth ($60/year)income.

But IF I send his notarized financial statement with his income AND my notarized financial statement AND my documentation of what I paid in support (ie pay stub from wage garnishment or the statment from CSE) that still would not suffice? He uses the system every way adn every time he can. I beleive, even with a court order he will not sign the exemptions to me. (he had nerve enough to take a chance on comtempt of court and took my name off of everything so I could not obtain school records or even go to the kids schools as their mother for activities and took my name off dr and hospital records so I could not even sign to get my kids treated much less get copies of records in difiance of court orders for jint custody and shared parental responsibility, so if he is willing to risk contempt with all that then I know he will not sign anything even with a court order re exemptions. Obviously with $60/ year income to file on, he isn't making anything but needing the kids as exemptions. It (as in many other things) is done in order to hurt me take the children out of my life etc. I am not like some NCP's not wanting to do anything with my kids. I want to do ewverything i can but he spends his life finding ways to hurt me and keep me out of their lives.
What do I do if even with court order he refuses to sign the IRS form? Can I send the IRS the copy of the court order?

I am not a fighting person but right is right and wrong is wrong

 

[Snipes5]

Yes, you can send the IRS a copy of the court order, provided that it gives you the exemptions with no contingencies, AND it is signed by both of you.

You can't claim head of household because the children don't live with you.

HE apparently can't either, for support reasons, but if the kids live with HIM, you can't claim HOH, PERIOD, it doesn't matter what you send them.

A larger question would be why you left the kids with the dirtbag in the first place, and if it's because he stole them or threatened you, you REALLY need an attorney.

I am also wondering if dirtbag has assets he has hidden from you. Someone with $60 of income per year has no reason to even file a tax return.

Snipes