NCP Claiming child on taxes

[aleayh01]

What is the name of your state? GA

Hi all,

I'm the primary physical custodian with joint legal custody with ex. Ex claimed our child on taxes as the only person taken care of him. When I went to file, I was told our child had already been claimed by the father. What steps can I take to have ex audit for this? and can I still file?

 

[IndyDad1on1]

What does your divorce decree state about Income Tax Exemptions?

 

[aleayh01]

What does your divorce decree state about Income Tax Exemptions?

We were never married but our court order doesn't say anything about taxes

 

[IndyDad1on1]

He pays child support right?

 

[aleayh01]

He pays child support right?

he does not pay support

 

[IndyDad1on1]

Usually an NCP that pays support can be entitled to exemptions but usually in a single child case, its alternating between parents.

Since you have no court orders stating anything about this I'm not sure. I saw CJane in here, she will know.

Edited: Never mind she's gone now.

 

[NotClueless]

If dad has already filed with the child, then you will be required to file a paper return. It will be delayed, but eventually you'll receive your return. Be prepared to PROVE that you are qualified to have the child as your dependent.

Your court papers and anything that will show the address of the child.

 

[aleayh01]

If dad has already filed with the child, then you will be required to file a paper return. It will be delayed, but eventually you'll receive your return. Be prepared to PROVE that you are qualified to have the child as your dependent.

Your court papers and anything that will show the address of the child.

I have court paper showing that our child lives with me . What will happen when the IRS see that our child don't live with him?

 

[IndyDad1on1]

I'm not completely sure that the residence of the child is going to be a factor to the IRS since court papers state he has joint legal custody of the child.

My best suggestion is to call an IRS agent. They will be able to tell you how to dispute it and what proof they need. One thing they may ask is if he supports the child in any way shape of form (Ex: Child is on his insurance, expenses for visitation).

I'm puzzled on the whole support thing since he only has joint legal.

 

[aleayh01]

I'm not completely sure that the residence of the child is going to be a factor to the IRS since court papers state he has joint legal custody of the child.

My best suggestion is to call an IRS agent. They will be able to tell you how to dispute it and what proof they need. One thing they may ask is if he supports the child in any way shape of form (Ex: Child is on his insurance, expenses for visitation).

I'm puzzled on the whole support thing since he only has joint legal.

He says he has insurance but refuses to give me or the courts any information.

 

[IndyDad1on1]

Your answers are in your "Evidence Used In Court" thread. After doing some research I noticed you already knew the possibility of this and was given some helpful advice from Ginny.

I would in addition to talking to an IRS agent revisit that thread and write down what Ginny suggested.

 

[aleayh01]

Your answers are in your "Evidence Used In Court" thread. After doing some research I noticed you already knew the possibility of this and was given some helpful advice from Ginny.

I would in addition to talking to an IRS agent revisit that thread and write down what Ginny suggested.

okay, I'll go back and read it..Thank you

 

[CJane]

Usually an NCP that pays support can be entitled to exemptions but usually in a single child case, its alternating between parents.

Since you have no court orders stating anything about this I'm not sure. I saw CJane in here, she will know.

Edited: Never mind she's gone now.

Thanks. Tax law isn't really my specialty though... however, I feel pretty comfortable saying that whether or not he pays CS is irrelevant. Unless the child lives with him OR he's got a court order AND an 8332, the child isn't a qualifying child for him.

 

[IndyDad1on1]

Ahhhaaaa, Just did my taxes and got the answer here.

The IRS Form 8332 (rev 2007) is only a release form to the NCP for NCP to claim a child as a dependent / exemption. There for the CP does not need to include this in their taxes.

The NCP however needs this form signed by the CP along with a copy of the court order.

There are two parts of the form current year and future years. If future years is filled out and signed by CP, NCP needs to file 8332 form and court order in the first year of filing, then a copy of the 8332 filed in the first year in future years.

Boy my head hurts now......

Edited to add quote:

however, I feel pretty comfortable saying that whether or not he pays CS is irrelevant. Unless the child lives with him OR he's got a court order AND an 8332, the child isn't a qualifying child for him.

Sorry didn't see you already covered this. I bow down to CJane.

 

[NotClueless]

Tax Advocate

I have unfortunately seen this quite a few times while preparing taxes. Depending on your income, you are eligible to use the IRS freefile (follow the links on www.irs.gov). You will need a paper return.

You'll also find organizations, such as VITA who can help you prepare the taxes.

Expect to get a letter from the IRS (and a much smaller refund to begin with without your child.) There will a letter as to why the refund amount is different than expected. CALL the number on the letter. They'll tell you where to send copies of your paperwork.

You also can use the tax advocates:
http://www.irs.gov/advocate/content/0,,id=150972,00.html

The IRS will make daddy dearest send the money back. If he doesn't do it voluntarily, they'll take future returns (with interest and penalties.) The feds don't play nicely.