WI Court Order for Child Exemption

[iceangl]

What is the name of your state? Wisconsin

On our Court Order with my ex bf it states:
the mother is awarded the right to claim child for state and fedral income tax purpose for even years.The father is awarded the right to claim child for state and fedral income tax purpose for odd years. The provisions of this paragraph are conditioned upon the respective parties being otherwise eligible to claim the child according to IRS rules.

What does the second part mean? Conditioned on the parties being otherwise eligible to claim child according to IRS rules?

The reason I am asking is for the year 2003 I had signed a 8332 for him to claim our daughter only for that year. Is there any way I could claim her becouse he certainly did not support her 50/50

This year he hardly kept a job, at least not one he paid support out of
( worked driving Limousine for two years for cash, but does not claim it)

He has fallen 1,600.00 into arrears, has never covered half of her medical bills which is also court ordered, also has never carried her on his insurance.
I have sole custody and his court ordered visitation is every other weekend.

Thank You,
Lisa

[LdiJ]

Originally Posted by iceangl

What is the name of your state? Wisconsin

On our Court Order with my ex bf it states:
the mother is awarded the right to claim child for state and fedral income tax purpose for even years.The father is awarded the right to claim child for state and fedral income tax purpose for odd years. The provisions of this paragraph are conditioned upon the respective parties being otherwise eligible to claim the child according to IRS rules.

What does the second part mean? Conditioned on the parties being otherwise eligible to claim child according to IRS rules?

The reason I am asking is for the year 2003 I had signed a 8332 for him to claim our daughter only for that year. Is there any way I could claim her becouse he certainly did not support her 50/50

This year he hardly kept a job, at least not one he paid support out of
( worked driving Limousine for two years for cash, but does not claim it)

He has fallen 1,600.00 into arrears, has never covered half of her medical bills which is also court ordered, also has never carried her on his insurance.
I have sole custody and his court ordered visitation is every other weekend.

Thank You,
Lisa

If he doesn't have any reportable/taxable income, then the exemption is of no benefit to him. If his reportable/taxable income is less than 8000.00, the exemption is of no value to him. His reportable/taxable income would have to be somewhere in the neighborhood of 19-21k before he would get the full benefit of the exemption.

If there is nothing in your orders to indicate that he does not get the exemption if he is in arrears, you really should have that changed.

[abezon]

The bit about IRS laws is an acknowledgement that a family court judge's order cannot override the tax laws.

The fact that he cannot benefit from the exemption as much as you is irrelevant. That's the way it is unless you go to court & get the order modified. BTW, making the exemption conditioned on his being paid in full as of 12/31 each year is a common clause.

[esirena]

your ex has absolutely no right to be entitled to claim your child in his state and federal tax returns even if the court approved it and ruled in favor. reason number one is the child lives with you, number two is the non custodial parent has to pay child support but you provide the costs of keeping up a home which is more expensive, and reason number three is you got sole custody as well as physical custody. now when couples divorce you often make an aggrement who will keep the child,who will claim the taxes and blah blah, so often the custodial parent falls into the trap of thinking that the other parent has the right to claim the child as well just because the other parent has to pay child support, well i have news, a judge will approve just about anything as long as the other parent will pay child support, any other issues like the taxes is really just an aggrement between you and the other parent, you cannot just change it since the judge would just say no, you need to speak to a proffesional who can change this in court and grant you to be entitled to claim your child for all state and federal tax purpose years since it is on behalf of your child's best interest because your child resides with you not with your ex, and your ex does not pay his child support on time or has missed payments, so there is no reason why he has to claim the money you are entitled to for providing a home for your child even if he pays support this is true. the i.r.s. has three rules ,resindency of the child or where the child lived all year or most of the year, the relationship of the child to you, and age of the child, if there is a divorce decree that entitles a non custodial parent to be eligible to claim the child's exemption then you may not claim the exemption for that given year, my advice to you is act quickly get help.

[Snipes5]

Thank God Siren's comments are so illegible there is no danger they will lead anyone astray.

Do shut up, you have no clue what you are talking about.

Snipes