Child Support And Federal Taxes

[SPACEMAN_SPIFF2]

What is the name of your state? Indiana

My question Is this: I pay my ex-wife child support weekly, on 2 children. The amount Is taken from my bank account, so I am never late. I have been divorced for one year the 21st of March 2007. I asked my ex If I could take one of my children on my taxes. She refused, saying I don't deserve to claim one of them. OK, here's where It gets interesting.

My ex works for the Indianapolis Police Department. She works 12 hour shifts. Her schedule Is one where she works 5 days one week, and 2 the next. So, she works one week on Monday and Tuesday, off Wed. and Thur., and then back on for Friday, Saturday, and Sunday. I have my kids on almost all of the days she works. The next week she only works on Tuesday, and Wednesday. I have my kids on almost all of these days.

I was told by someone that If I pay my child support, and In not In arrears, and I have them half of the year, then I would be able to take my children on my taxes every other year. I would like to know If this Is true before I hire lawyer and take her back to court. I would be willing to compromise with her and only take 1 of them, but I need to know If I will win before I invest a lot of money that I really don't have. Any help I can get would be greatly appreciated.What is the name of your state?

 

[LdiJ]

What is the name of your state? Indiana

My question Is this: I pay my ex-wife child support weekly, on 2 children. The amount Is taken from my bank account, so I am never late. I have been divorced for one year the 21st of March 2007. I asked my ex If I could take one of my children on my taxes. She refused, saying I don't deserve to claim one of them. OK, here's where It gets interesting.

My ex works for the Indianapolis Police Department. She works 12 hour shifts. Her schedule Is one where she works 5 days one week, and 2 the next. So, she works one week on Monday and Tuesday, off Wed. and Thur., and then back on for Friday, Saturday, and Sunday. I have my kids on almost all of the days she works. The next week she only works on Tuesday, and Wednesday. I have my kids on almost all of these days.

I was told by someone that If I pay my child support, and In not In arrears, and I have them half of the year, then I would be able to take my children on my taxes every other year. I would like to know If this Is true before I hire lawyer and take her back to court. I would be willing to compromise with her and only take 1 of them, but I need to know If I will win before I invest a lot of money that I really don't have. Any help I can get would be greatly appreciated.What is the name of your state?

Ok...there is a difference between federal tax law, and state family law.

Under federal law, the parent who spents more than 183 OVERNIGHTS with the child per year is the custodial parent....despite what the state court orders say...however of course, if it comes down to a federal tax law fight, you have to be able to prove it. If the situation is a TRUE 50/50 split, the IRS will give the exemption to the parent with the higher AGI....but by true, I mean true.

Now, under Indiana state law, a judge generally orders that the exemptions be split, as long as the ncp is not in arrears on their child support. The IRS won't enforce that...the IRS will go by federal law unless the designated CP signs a form 8332 giving the exemption to the other parent. (this is new folks so don't rely on the past as examples of what the IRS will or won't do)

However a state court judge can enforce it via sanctions....IF, the other parent violates the state court orders.

So...if mom is the designated residential parent, and the state orders are silent on the tax issues, and unless you can prove that the child is overnight in your home more than 183 days per year...you would have to take it back to court to get something changed.

 

[SPACEMAN_SPIFF2]

OK, now I would like to know what would happen If I simply file my taxes before my ex-wife does, and I claim one of my children? Will I get Into trouble? I have every intention of doing so. I have heard plenty of people tell me that I could do It, and will get into no trouble, but I want to know for sure.

 

[LdiJ]

OK, now I would like to know what would happen If I simply file my taxes before my ex-wife does, and I claim one of my children? Will I get Into trouble? I have every intention of doing so. I have heard plenty of people tell me that I could do It, and will get into no trouble, but I want to know for sure.

"Plenty of people" don't know what they are talking about. Its true that you will get your refund, however if your ex also claims the child she will also get her refund. Then, the two of you will get audited later on down the road (after a year or so) and whoever the IRS rules against will have to pay back the excess refunds, WITH interest and penalties.