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Tax Help needed- anybody been through this?

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What is the name of your state?FL
I have had my son since June 15th, but court orders only date back to July 5th (less than 6 months for 2007 taxes). My Ex's parents have said they are going to claim my son on their Tax Return, but My Ex and I have a court ordered settlement agreement for custody which says that "the Father is entitled to claim the child as a dependent..."

I guess what I need to do is go to court to ask the judge to order her to sign the IRS Form which clears me to include my son as a dependent. The problem is the timing. I want to go to court now to start the process because it will take some time for it to go through. Do you think I can petition now, or must I wait until 2007 is over. If I wait, then they will go ahead and file, and I'm afraid I may end up in court for years on this issue. Also, I need the return money. I am paying for 100% of Daycare, had to cut back at work to take care of the child (20 months old), and still have to pay her $250/ month just so she can have some money for when she has visitation.

I already heard from the IRS that my settlement is no good with them without the special release form signed by her, because it does not say "unconditionally."
 


fairisfair

Senior Member
What is the name of your state?FL
I have had my son since June 15th, but court orders only date back to July 5th (less than 6 months for 2007 taxes). My Ex's parents have said they are going to claim my son on their Tax Return, but My Ex and I have a court ordered settlement agreement for custody which says that "the Father is entitled to claim the child as a dependent..."

I guess what I need to do is go to court to ask the judge to order her to sign the IRS Form which clears me to include my son as a dependent. The problem is the timing. I want to go to court now to start the process because it will take some time for it to go through. Do you think I can petition now, or must I wait until 2007 is over. If I wait, then they will go ahead and file, and I'm afraid I may end up in court for years on this issue. Also, I need the return money. I am paying for 100% of Daycare, had to cut back at work to take care of the child (20 months old), and still have to pay her $250/ month just so she can have some money for when she has visitation.

I already heard from the IRS that my settlement is no good with them without the special release form signed by her, because it does not say "unconditionally."
Your ex has until April 15th to provide you with the signed form, and still be in compliance with the court order. No one is going to make her do anything until then.
 

TinkerBelleLuvr

Senior Member
I have had my son since June 15th,
He's will have had the physical possession of the child more than half the year. He's the one who gets the child.

OP - what documentation do you have that says that you've had the child since 6/15? Daycare receipts? Does the court order acknowledge that you've had the child?
 

LdiJ

Senior Member
This is a duplicate post. He posted the same information on the tax forum and the discussion has been more extensive there.
 
I'm sorry for the duplicate post, I just thought that here in Family law I might find someone who has been through a similar circumstance. At the same time, though, I felt that in the Tax forum they would know more about nuts and bolts of tax law.

I'm not sure that just because the deadline to file taxes is April 15th, this means that she has until then to provide me with the form. Employers have to give you 1040 Info way before that. It is not unreasonable to expect tax forms ahead of the deadline so that one can have time to prepare their taxes. Also, there is no reason for her to delay. She has told the Judge that she can't work, and is applying for SSI disability. She is either going to comply with the settlement, or she isn't. There is good reason to ask her to sign the form promptly, as her father has told me he plans to claim the child as a dependent.
 

LdiJ

Senior Member
I'm sorry for the duplicate post, I just thought that here in Family law I might find someone who has been through a similar circumstance. At the same time, though, I felt that in the Tax forum they would know more about nuts and bolts of tax law.

I'm not sure that just because the deadline to file taxes is April 15th, this means that she has until then to provide me with the form. Employers have to give you 1040 Info way before that. It is not unreasonable to expect tax forms ahead of the deadline so that one can have time to prepare their taxes. Also, there is no reason for her to delay. She has told the Judge that she can't work, and is applying for SSI disability. She is either going to comply with the settlement, or she isn't. There is good reason to ask her to sign the form promptly, as her father has told me he plans to claim the child as a dependent.
If you had regular overnight visitation with the child prior to the official date of the court order, then you may be able to prove that you have had the child for more than 50% of the year. However, if you have anything that can prove the June 17th date, that's even better.
 
I did have regular overnights, so that combined with the July 5th court order would give me more than half. Thank-you for the help. :)
 

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