Taxes/Child Support Question

[cobrakai]

What is the name of your state (only U.S. law)? Washington I'd asked an earlier question about how to fill my taxes since this is my first year of ever being able to file my son as an exemption(I'm non custodial parent). Well I asked my son's mom today if I could have my son's Social Security Number. She then flips out on me into I don't get to use him an exemption this year because "I'm behind in child support." Part of the parenting plan is that I get to claim him every other year as long as I'm caught up on child support. I've never been behind on child support. Here's where it gets weird. In June she moved to California with my son. In November Washington closed the child support case. California never received the Washington child support order, but a case was opened because my son's mom was getting state assistance. California said it would take a few months for the case to get fully opened and for me to have to start paying child support to them, but that if I didn't want to owe a lump sum of child support, I could pay my son child support in the mean time and just make sure I used checks and state in the Memo line that the money was for child support. That way all the canceled checks would show I paid her child support even though there was no order in place. I did this, but now she moved back to Washington last week with my son. She immediately filed for state assistance here in WA as well. I've contacted both WA and California and neither of them say I owe either state child support. California does want receipts/proof that I paid her child support because she was on state assistance. My son's mom is saying that "ethically" I should still have paid child support even though there was no official order in place. Well I was. So now what do I do about filing my taxes? Do I just go ahead and file my taxes with my son on them and if I get audited/flagged then just prove to them that I didn't owe any back child support and show them the parenting plan? Thank you for your time. I know this was really long.

 

[cobrakai]

Dang, no one knows how to help me out or some advice?

 

[LdiJ]

What is the name of your state (only U.S. law)? Washington I'd asked an earlier question about how to fill my taxes since this is my first year of ever being able to file my son as an exemption(I'm non custodial parent). Well I asked my son's mom today if I could have my son's Social Security Number. She then flips out on me into I don't get to use him an exemption this year because "I'm behind in child support." Part of the parenting plan is that I get to claim him every other year as long as I'm caught up on child support. I've never been behind on child support. Here's where it gets weird. In June she moved to California with my son. In November Washington closed the child support case. California never received the Washington child support order, but a case was opened because my son's mom was getting state assistance. California said it would take a few months for the case to get fully opened and for me to have to start paying child support to them, but that if I didn't want to owe a lump sum of child support, I could pay my son child support in the mean time and just make sure I used checks and state in the Memo line that the money was for child support. That way all the canceled checks would show I paid her child support even though there was no order in place. I did this, but now she moved back to Washington last week with my son. She immediately filed for state assistance here in WA as well. I've contacted both WA and California and neither of them say I owe either state child support. California does want receipts/proof that I paid her child support because she was on state assistance. My son's mom is saying that "ethically" I should still have paid child support even though there was no official order in place. Well I was. So now what do I do about filing my taxes? Do I just go ahead and file my taxes with my son on them and if I get audited/flagged then just prove to them that I didn't owe any back child support and show them the parenting plan? Thank you for your time. I know this was really long.

You cannot claim the child unless you have a signed form 8332 from the custodial parent. (this is federal law, the IRS doesn't care what your court orders say)

Are you certain that you are not behind in child support in any way? There was no gap in support when WA closed their case and you started paying by check?

If so, then you can file for contempt for mom not cooperating with providing you with the signed form 8332.

 

[cobrakai]

You cannot claim the child unless you have a signed form 8332 from the custodial parent. (this is federal law, the IRS doesn't care what your court orders say)

Are you certain that you are not behind in child support in any way? There was no gap in support when WA closed their case and you started paying by check?

If so, then you can file for contempt for mom not cooperating with providing you with the signed form 8332.

there was no order in either start for me to pay child support. It was being transferred to California but never got opened. I'm currently on unemployment and Washington had be deducting it straight from unemployment checks and my regular paychecks before I was laid off. There was never an order from California to collect child support or to even how much I owed per month or anything of that nature.