Alternating exemption, confirming income amount

[Cainlord]

What is the name of your state? ND

I am the non-custodial parent. Currently, my child support judgement reads that I will be allowed to claim my child for tax purposes till the custodial parent provides evidence that they are making X amount for the year, at that time, we will alternate exemption.

I have two questions:

1. what constitutes evidence? I am thinking a copy of a W2?

2. I am thinking of sending the custodial parent a letter stating that if I do not receive evidence of income by X amount of time, that I will file my taxes claiming my child. Reason being that all this time, the custodial parent was supposed to supply me with the form stating they would not claim the child, and has not done so. I had to go through an audit because of this and have been sending in a copy of the judgement each time I file. I want something that I can refer do that is documented showing I attempted to get this information from them. Anyone know if this could hold up in court, and what is a good timeframe to give them to respond with the evidence? I am thinking 1 month out from when they usually have to be sent by (March 1st deadline). Mail from our locations to each other only takes 1 day.

Alternating is not an issue, but the fact that I have had verbal agreements with the CP differing from the court document that later they would act as if they didn't exist leads me to want to cover myself with documented notices, etc.

3. What is the best way to send this? (Confirmed mail, etc)

 

[LdiJ]

What is the name of your state? ND

I am the non-custodial parent. Currently, my child support judgement reads that I will be allowed to claim my child for tax purposes till the custodial parent provides evidence that they are making X amount for the year, at that time, we will alternate exemption.

I have two questions:

1. what constitutes evidence? I am thinking a copy of a W2?

2. I am thinking of sending the custodial parent a letter stating that if I do not receive evidence of income by X amount of time, that I will file my taxes claiming my child. Reason being that all this time, the custodial parent was supposed to supply me with the form stating they would not claim the child, and has not done so. I had to go through an audit because of this and have been sending in a copy of the judgement each time I file. I want something that I can refer do that is documented showing I attempted to get this information from them. Anyone know if this could hold up in court, and what is a good timeframe to give them to respond with the evidence? I am thinking 1 month out from when they usually have to be sent by (March 1st deadline). Mail from our locations to each other only takes 1 day.

Alternating is not an issue, but the fact that I have had verbal agreements with the CP differing from the court document that later they would act as if they didn't exist leads me to want to cover myself with documented notices, etc.

3. What is the best way to send this? (Confirmed mail, etc)

I am surprized that you have been able to get away with only providing a copy of the judgement to the IRS. Based on what you have described, your judgement is not valid as a substitute for form 8332. It is conditional, (conditioned upon her earning XXX income) and that should have blown it out of the water as a substitute for form 8332. However, if that happened before 2005, and you just haven't hit the audit lottery since then, that could explain it. Don't expect it to hold up in another audit. Take her to court for contempt for not providing you form 8332.

However, to answer your first question, yes, a W2 would be proper evidence of her income.