Tax ? for joint custody and college

[suppermom57]

What is the name of your state? Wisconsin

I was divorced in 1993 and in 1993, my ex and I had joint custody, joint placement of 2 children. Our divorce papers said nothing about taxes, other than that we know the consequesnces of our taxes. Anyway, I moved in 1994 and my ex has primary placement and I was awarded in 1995 that I did not have to pay child support because I didn't have to work because of a new child with medical issues and for me to be able to stay home and care for her. My ex since 1995 has claimed both kids. In 1999, I started working and have been paying child support since and my ex still has been claiming both kids....was wondering what the possibilities would be to take this back to court and see about him claiming one child and I claim one child until my oldest turns 18 in a year and then alternate years claiming the youngest and me to win?

The other question is in regards to college....nothing stated in our divorce papers about who is to responsible for paying. Ex and I have agreed to go in half on paying, but was wondering about tax deductions? How would that work and who would get the deduction or would we both?

 

[MrsK]

What is the name of your state? Wisconsin

I was divorced in 1993 and in 1993, my ex and I had joint custody, joint placement of 2 children. Our divorce papers said nothing about taxes, other than that we know the consequesnces of our taxes. Anyway, I moved in 1994 and my ex has primary placement and I was awarded in 1995 that I did not have to pay child support because I didn't have to work because of a new child with medical issues and for me to be able to stay home and care for her. My ex since 1995 has claimed both kids. In 1999, I started working and have been paying child support since and my ex still has been claiming both kids....was wondering what the possibilities would be to take this back to court and see about him claiming one child and I claim one child until my oldest turns 18 in a year and then alternate years claiming the youngest and me to win?

The other question is in regards to college....nothing stated in our divorce papers about who is to responsible for paying. Ex and I have agreed to go in half on paying, but was wondering about tax deductions? How would that work and who would get the deduction or would we both?

I think you could go into court & request how you'd like taxes done, I think that is pretty fair. I dont know about the college/tax deduction issue, though. Someone else might have a suggestion for you.

 

[suppermom57]

Would you suggest that I hire an attorney or is this something I could file by myself and actually think I could win?

 

[LdiJ]

Would you suggest that I hire an attorney or is this something I could file by myself and actually think I could win?

Its probably something that you could handle on your own. Its not that complicated of an issue.

However, be aware that for a child in college the tax issue becomes more complicated.

Parents can continue to claim their child until age 24 if they are in college, as long as its full time equivalent, and as long as the child is not providing more than 50% of their own support.

However, a judge can't really order that you alternate the exemption for that child, because that child is an adult.

Now, since you and dad are amicable enough that you can agree to share college expenses, hopefully you can also be amicable enough to agree to share the exemption for that child.