Form 8332

[dave457]

What is the name of your state (only U.S. law)? Calif.
My question is, I'm the non-custodial parent, I have my kids(2) 49% to my Ex's 51%, I pay child support of $131.0 a month
Since I'm the Non-custodial parent, I cant claim them on my taxes, even thou i have them 49% of the time, unless she signs Form 8332 RELEASE
/REVOCATION OF RELEASE OF CLAIM TO EXEMPTION FOR CHILD BY CUSTODIAL PARENT.
I had some legal advice givin to me, saying if she signs the form for 1 of the kids, it would screw up my child support payments badly, I dont understand how this could be. We should be able to claim 1 child each for the year, the way I see it

 

[Isis1]

What does your cort order state on who claims the children?

 

[dave457]

Nothing about who claims them, just who has specific time with them

 

[Isis1]

Nothing about who claims them, just who has specific time with them

Then federal law applies and mom claims ALL the children.

ETA: if mom voluntarily signs the form for one of the children it may or may not change your child support amount. Is your child support based on your income tax forms, or you monthly pay stubs?

 

[dave457]

Do I have any rights to claim one of the children

 

[dave457]

I had to sumit both

 

[dave457]

It was based on what I make and my taxes, and her working at a min. wage Job

 

[Isis1]

Do I have any rights to claim one of the children

Federal law states mom claims since the children live with her over 50% of the time per the court order.

You have the right to take it back to court and request the judge to order otherwise. Doesn't mean the judge will agree with you, but it doesn't hurt to ask.

 

[Isis1]

It was based on what I make and my taxes, and her working at a min. wage Job

If mom is not working at all, that may or may not further influence the judge to not grant you the tax claim.

 

[CourtClerk]

ETA: if mom voluntarily signs the form for one of the children it may or may not change your child support amount.

How would it?

Is your child support based on your income tax forms, or you monthly pay stubs?

Even if it's calculated using the "income tax forms," what they are looking at on those forms is income..

So, I'm confused as to how claiming a child would effect the amount of support that is paid. Maybe you can explain it to me.

 

[LdiJ]

If mom is not working at all, that may or may not further influence the judge to not grant you the tax claim.

He said she was working a minimum wage job. Why is there so often an assumption that mother's don't work?