NCP Claiming child on taxes

[NotClueless]

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.

When the court order is silent on the tax issue, then the federal laws are the default. The default is that the custodial parent has the right to claim the child.

It stinks for the custodial parent to wait for their money. But, when you do get your money, it'll be with interest.

 

[LdiJ]

When the court order is silent on the tax issue, then the federal laws are the default. The default is that the custodial parent has the right to claim the child.

It stinks for the custodial parent to wait for their money. But, when you do get your money, it'll be with interest.

The custodial parent will not have to wait for her money. Or, at least she won't have to wait more than the 4-6 weeks that it takes to get a refund via a paper return.

The IRS will process her paper return as normal, and send her, her full refund. Then later on in the year the IRS will launch an investigation on the duplicate claim. Mom will obviously be able to prove that she is the custodial parent, therefore dad will lose and have to pay back the excess refund that he received.

However, mom should go back and review her paperwork to be certain that the state court did not award dad the exemption for the child every other year. That's a fairly common thing to be ordered so she needs to make certain that isn't the case for her.

If that is the case, then mom is still eligible to claim the child for head of household and EIC purposes. Unless dad was incredibly stupid and claimed EIC for the child also (which would be absolutely incorrect on dad's part) she should still be able to file electronically claiming head of household status and EIC.

 

[spoofer]

We just filed taxes last week and claimed my husbands nc child. Without any forms. Because the mother refused to sign any forms. There's nothing about who gets to claim the child in the order and the mother didn't have any jobs that report wages I'll put it that way. So in this case the IRS approved us immediately and I'm looking forward to that check any day now.

 

[Ohiogal]

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.

Not according to the Federal Tax Code. Now a state court can make that order or give the exemptions strictly to the CP. However without an order to the contrary the NCP has NO right to claim the child. she should file a paper return and make dad PROVE that he is entitled to claim the child.

 

[Ohiogal]

We just filed taxes last week and claimed my husbands nc child. Without any forms. Because the mother refused to sign any forms. There's nothing about who gets to claim the child in the order and the mother didn't have any jobs that report wages I'll put it that way. So in this case the IRS approved us immediately and I'm looking forward to that check any day now.

Look to get audited as well because LEGALLY you are not allowed to claim the child. If there is nothing about that in the order then MOTHER is the ONLY one allowed to claim the child. Not dad and not stepmom. So that is illegal information you have given. Keep that up and you will be banned. We do not like our newbies posting to others about committing acts that are against the law.

 

[LdiJ]

We just filed taxes last week and claimed my husbands nc child. Without any forms. Because the mother refused to sign any forms. There's nothing about who gets to claim the child in the order and the mother didn't have any jobs that report wages I'll put it that way. So in this case the IRS approved us immediately and I'm looking forward to that check any day now.

If mom honestly can't file a tax return, (and isn't married and filing a joint tax return with her husband), then your husband may be ok in doing that.

However, an electronic approval does NOT mean that your husband filed correctly. Yes, you will get the refund, but the IRS has reinstated random audits, as well as specifically targeting audits regarding claiming children.

There are also new proceedures this year regarding a non-custodial parent claiming a child. It used to be that you just had to have the 8332 in hand, to provide to the IRS if they asked for it. However, the rule has always technically been that you are supposed to attach it to your return, however the IRS has been lax about that because of electronic filing.

Now however the IRS is cracking down on that and has re-defined form 8453 as an information submittal form. Now, if an ncp claims the child, and files an electronic return, the electronic return is supposed to include form 8332 electronically, and then the ncp is supposed to mail in form 8453 with a copy of the form 8332 attached.

Therefore, you can expect to get at least a mini audit if you do not do so.

Hopefully you did tell the truth when filing your return that the child does not live with you, and hopefully you didn't claim EIC for the child, because if you did, there is a very strong chance that you are going to be in a world of hurt with the IRS.

 

[spoofer]

We don't qualify for EIC. And we did specify the child doesn't live with us. Mom isn't married. She still lives with her parents! And she's in her upper 20's. Well her permanent residency is with her parents. But she's constantly moving in and out of different mens homes. If the mother doesn't work and refuses to sign a form just to be a b*tch that's not fair. If she were working we wouldn't have claimed the child. Our tax preparer was confident about it. I think I talked about this in a different thread at one time. But she's been doing taxes for years and she's never had anyone to have problems who is in the same situation as my husband. So we'll see. If we get audited we'll just pay it back plus fines.

 

[Ohiogal]

We don't qualify for EIC. And we did specify the child doesn't live with us. Mom isn't married. She still lives with her parents! And she's in her upper 20's. Well her permanent residency is with her parents. But she's constantly moving in and out of different mens homes. If the mother doesn't work and refuses to sign a form just to be a b*tch that's not fair. If she were working we wouldn't have claimed the child. Our tax preparer was confident about it. I think I talked about this in a different thread at one time. But she's been doing taxes for years and she's never had anyone to have problems who is in the same situation as my husband. So we'll see. If we get audited we'll just pay it back plus fines.

And mom doesn't have to be fair. Dad needs a court order allowing him to claim the child. Then if mom doesn't sign the form he can take her to court for contempt. Mom may not be being fair (and you can't say she is doing it just to be a ***** -- that is pure speculation) but dad is also not doing what he needs to do to be within the law.

 

[spoofer]

And mom doesn't have to be fair. Dad needs a court order allowing him to claim the child. Then if mom doesn't sign the form he can take her to court for contempt. Mom may not be being fair (and you can't say she is doing it just to be a ***** -- that is pure speculation) but dad is also not doing what he needs to do to be within the law.

We can't take mom to court. Even though she's living with her parents the address is not anywhere to be found. We have no way to serve her with papers even if we wanted to lol.

 

[LdiJ]

We don't qualify for EIC. And we did specify the child doesn't live with us. Mom isn't married. She still lives with her parents! And she's in her upper 20's. Well her permanent residency is with her parents. But she's constantly moving in and out of different mens homes. If the mother doesn't work and refuses to sign a form just to be a b*tch that's not fair. If she were working we wouldn't have claimed the child. Our tax preparer was confident about it. I think I talked about this in a different thread at one time. But she's been doing taxes for years and she's never had anyone to have problems who is in the same situation as my husband. So we'll see. If we get audited we'll just pay it back plus fines.

Do you realize that if mom is living with her parents, that under the federal tax code it could very well be her parents that are legally entitled to claim the child?

Mom and dad combined have to provide more than 50% of the child's support or the rules for parents don't apply (unless welfare or SS benefits is the cause of the parents providing less than 50% of the child's support).

Therefore, if the grandparents can demonstrate that THEY are providing more than 50% of the child's support...you could ALSO be in a world of hurt.

 

[aleayh01]

Look to get audited as well because LEGALLY you are not allowed to claim the child. If there is nothing about that in the order then MOTHER is the ONLY one allowed to claim the child. Not dad and not stepmom. So that is illegal information you have given. Keep that up and you will be banned. We do not like our newbies posting to others about committing acts that are against the law.

"We just filed taxes last week and claimed my husbands nc child. Without any forms. Because the mother refused to sign any forms. There's nothing about who gets to claim the child in the order and the mother didn't have any jobs that report wages I'll put it that way. So in this case the IRS approved us immediately and I'm looking forward to that check any day now."

Thank you OG, I read this and it makes no sense to me. I would assume this is fraud, however, I'm no expert on this which is why I needed advice on my thread. My ex already filed with his wife and now I have to file a paper return. In the court oder, it doesn't state anything about tax returns but I'm the primary care costodian with joint legal custody.

 

[NotClueless]

aleayh01, the problem with Spoofer is that if they get audited, they'll not be able to prove their claim that they have the right to claim the child. Since mom is living with HER parents, they may very well be proving more than have the support of this child. THEY would then be able to PROVE that they have a right to claim the child. Spoofer and hubby would then have to pay the government back, with interest and penalties, for that which they didn't have a right to claim.

Same problem that your X is going to have. You X is going to eventually have a nasty surprise from the government - a love letter from the IRS.

Please tell me that you've requested that child support be paid thru CSE. It really makes accounting much easier - along with enforcement.

 

[NotClueless]

We don't qualify for EIC. And we did specify the child doesn't live with us. Mom isn't married. She still lives with her parents! And she's in her upper 20's. Well her permanent residency is with her parents. But she's constantly moving in and out of different mens homes. If the mother doesn't work and refuses to sign a form just to be a b*tch that's not fair. If she were working we wouldn't have claimed the child. Our tax preparer was confident about it. I think I talked about this in a different thread at one time. But she's been doing taxes for years and she's never had anyone to have problems who is in the same situation as my husband. So we'll see. If we get audited we'll just pay it back plus fines.

If the court order does NOT state that your HUSBAND has a right to claim the child, she is NOT required to provide you with an 8332. She is well within her rights to NOT give you one.

 

[aleayh01]

aleayh01, the problem with Spoofer is that if they get audited, they'll not be able to prove their claim that they have the right to claim the child. Since mom is living with HER parents, they may very well be proving more than have the support of this child. THEY would then be able to PROVE that they have a right to claim the child. Spoofer and hubby would then have to pay the government back, with interest and penalties, for that which they didn't have a right to claim.

Same problem that your X is going to have. You X is going to eventually have a nasty surprise from the government - a love letter from the IRS.

Please tell me that you've requested that child support be paid thru CSE. It really makes accounting much easier - along with enforcement.

unfortunately, no he does not pay through CSE. He was ordered to pay me $150 a month directly to me because he's not working but on disability (supposedly). However, I have not recieved any child support yet. I filed contempt, waiting for court date

 

[NotClueless]

unfortunately, no he does not pay through CSE. He was ordered to pay me $150 a month directly to me because he's not working but on disability (supposedly). However, I have not recieved any child support yet. I filed contempt, waiting for court date

He can pay the $150 to CSE and then CSE forwards it to you. It does need to be in the order, I believe. Do file the contempt. While you are there, bring up the problem with dad filing the taxes with the child.

Now, you said that dad is on disability. What kind? Most kinds aren't taxable - just curious.