Question about Dependent Exemption

[bobblehead]

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

We got the Magistrate's recommendation. I am just confused what a few things mean?

I am the residential and custodial parent (have been and remain so). I will be going back to Florida. Standard long distance visitation (all but 2 weeks in summer, week at Christmas, Spring break, am responsible for transportation (as it should be) and clothing for visits). Basically, everything stayed as it was except dependency exemption. He gave ex the right to claim both girls. It reads:

"....*Father* allocated the right to claim **** and **** as dependents for purposes of personal exemption and the child tax credit beginning with the year 2011. This allocation is conditioned to *Father* being current in payment of child support for the year in which the children will be claimed as (a) dependents. The Court's allocation cannot and is not intended to, alter the determination of which parent (or third party) is legally permitted to claim the children as (a) qualifying children for purposes of the parent's (or other person's) tax filing status, child care tax credit and earned income credit. *Mother* shall take whatever action is necessary pursuant to section 152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C 1, as amended, to give effect to the Court's allocation, including the execution of Form 8332."

So, this means I sign a form and I claim nothing? Because according to the IRS website for child tax credit and EIC the child must live with you more than 6 months. I get the decree can override it (I found that just as easily).

Do I have a chance at appeal? He also ordered me (actually my husband, in his round about way) to hold insurance on kids. I am responsible for all kids school fees (lunches, field trip costs, supplies, etc), activities (dance, etc) and clothing.

So, my questions are:
-Does this mean I claim nothing?
- If I appeal, do I have a shot at me claiming one, him claiming the other?
-It goes to a Judge on appeal, if I understood that correctly. Do we go back to court?

*I deleted the other thread (there were no replies) b/c of the title name. I was Im'ing and didn't catch I typed in wrong spot.*

 

[LillianX]

You can still claim the EIC, if you are entitled to it per the tax code.

 

[LdiJ]

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

We got the Magistrate's recommendation. I am just confused what a few things mean?

I am the residential and custodial parent (have been and remain so). I will be going back to Florida. Standard long distance visitation (all but 2 weeks in summer, week at Christmas, Spring break, am responsible for transportation (as it should be) and clothing for visits). Basically, everything stayed as it was except dependency exemption. He gave ex the right to claim both girls. It reads:

"....*Father* allocated the right to claim **** and **** as dependents for purposes of personal exemption and the child tax credit beginning with the year 2011. This allocation is conditioned to *Father* being current in payment of child support for the year in which the children will be claimed as (a) dependents. The Court's allocation cannot and is not intended to, alter the determination of which parent (or third party) is legally permitted to claim the children as (a) qualifying children for purposes of the parent's (or other person's) tax filing status, child care tax credit and earned income credit. *Mother* shall take whatever action is necessary pursuant to section 152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C 1, as amended, to give effect to the Court's allocation, including the execution of Form 8332."

So, this means I sign a form and I claim nothing? Because according to the IRS website for child tax credit and EIC the child must live with you more than 6 months. I get the decree can override it (I found that just as easily).

Do I have a chance at appeal? He also ordered me (actually my husband, in his round about way) to hold insurance on kids. I am responsible for all kids school fees (lunches, field trip costs, supplies, etc), activities (dance, etc) and clothing.

So, my questions are:
-Does this mean I claim nothing?
- If I appeal, do I have a shot at me claiming one, him claiming the other?
-It goes to a Judge on appeal, if I understood that correctly. Do we go back to court?

*I deleted the other thread (there were no replies) b/c of the title name. I was Im'ing and didn't catch I typed in wrong spot.*

That was actually a well written order because it complies with the tax code.

A non-custodial parent may only claim a child's dependency exemption and the child tax credit....and can only do so if the custodial parent gives the ncp a signed form 8332.

However, even if the ncp is claiming the children for those, the cp may STILL claim the children for Head of Household purposes, EIC and the daycare credit. It has to be done carefully however, because its very easy to make an error when you are filing electronically.