taxes, exemptions and arrears

[californiamom3]

What is the name of your state (only U.S. law)?

http://www1.divorcenet.com/bbs/ubbthreads.php?ubb=showflat&Number=227173

I would like to know what the seniors think about this.
I posted a similar question in my previous thread.
Although I will be dealing with this issue next year I believe it is a common and good general question.

 

[Zigner]

What is the name of your state (only U.S. law)?

http://www1.divorcenet.com/bbs/ubbthreads.php?ubb=showflat&Number=227173

I would like to know what the seniors think about this.
I posted a similar question in my previous thread.
Although I will be dealing with this issue next year I believe it is a common and good general question.

What is your legal question?

 

[californiamom3]

I suppose my question is not straight forward.
I was told that if somebody was in arrears they wouldn't be legally allowed to claim his/her children. Also that if one has the children less than 50% you cannot claim them. Some say that IRS doesn't care what court orders say.
Others say you must go by the court orders...period.
I also read that you can add verbiage saying that the paying parent must be current on support in order to claim.
I'm bit confused.
Who can claim, who can't...under what circumstances?

 

[ecmst12]

The IRS says the parent who the child lived with more then 50% of the year gets to claim him. HOWEVER, the right to claim is transferrable from the CP to the NCP by the CP filling out form 8332. So it is quite common for court orders to dictate who gets to claim the child in which years, and there are no hard and fast rules on how they are written. If the court order says that the CP must allow the NCP to claim the child though, then the CP must do so or be in contempt of the court order.

 

[californiamom3]

new info. tax fraud!

Nothing has ever been written in our orders about taxes. He just this year has visitation with kiddos. (he was absent for 5 years)
Anyway, new information....Just found out he claimed one of the kids!
I did not give him an 8332, he has the kids maybe 15%
What will happen to him?

 

[TinkerBelleLuvr]

When both parties claim the same child, then later in the year, the IRS does an investigation as to who has the right to claim the child. The loser gets to pay back the IRS.

There are additional penalties if EIC were involved.

 

[californiamom3]

When both parties claim the same child, then later in the year, the IRS does an investigation as to who has the right to claim the child. The loser gets to pay back the IRS.

There are additional penalties if EIC were involved.

Since I will be getting his tax return, I will not be liable?
Sorry,what is EIC?

 

[TinkerBelleLuvr]

The X will owe the monies to the IRS. If it were me, I would probably set aside the monies that are received. The IRS won't care what happened after the monies were sent out.


EIC = Earned Income Credit

 

[californiamom3]

The X will owe the monies to the IRS. If it were me, I would probably set aside the monies that are received. The IRS won't care what happened after the monies were sent out.


EIC = Earned Income Credit

Are you suggesting I put aside the money I get from his return?
That's why I was asking if I could be liable.
Why would I be liable for him cheating on his taxes and me getting the return because he owes arrears?
Would the IRS come to me to return the money?....because of his dishonest filing?
Officially, he is unaware of my knowledge about this issue.