Can I find out if he claimed her?

[mustangapril]

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

My daughter's father and I don't communicate. He is supposed to claim our daughter for 2011 even though she lives with me 100% of the time (due to a court order in place).

Is there a way I can find out if he claimed her without asking him since he won't communicate with me? I know he has the "right" to but, if he doesn't for whatever reason I would like to know so I can claim her.

Thank you.

 

[Proserpina]

Well, you could e-file and claim her.

If he's already done so, your return will be rejected.

You'll know one way or the other.

 

[mustangapril]

Well, you could e-file and claim her.

If he's already done so, your return will be rejected.

You'll know one way or the other.

Yea, I was thinking of doing that but decided against it due to the fact that if I file, then he tries to file, he could possibly get me in contempt of a court order. I don't want to ruffle their feathers....

 

[Proserpina]

Yea, I was thinking of doing that but decided against it due to the fact that if I file, then he tries to file, he could possibly get me in contempt of a court order. I don't want to ruffle their feathers....

You know, you could always forget it and leave it alone.

Being that it IS his year, and even if he forgets and you DO claim her, you can be ordered to repay him at a later date.


Y'know?

Why are you even bothering? You KNOW the credit isn't yours to claim.

 

[mustangapril]

You know, you could always forget it and leave it alone.

Being that it IS his year, and even if he forgets and you DO claim her, you can be ordered to repay him at a later date.


Y'know?

Why are you even bothering? You KNOW the credit isn't yours to claim.

hmm never thought about it that way. To throw another wrench into this crazy situation, he owes me $7000 back child support. So, if I do claim her and he doesn't but they go back and somehow IRS cares about a court order and demand I "pay him back" it may not hold up since he owes me over $7000. Why am I bothering? Because the dependent claim is floating up there and if he isn't going to bother filing taxes, for example, then I have every right to claim her since she lives with me all the time.

 

[Proserpina]

hmm never thought about it that way. To throw another wrench into this crazy situation, he owes me $7000 back child support. So, if I do claim her and he doesn't but they go back and somehow IRS cares about a court order and demand I "pay him back" it may not hold up since he owes me over $7000.

Yes, it will hold up. You seem to be misunderstanding things.

Why am I bothering? Because the dependent claim is floating up there and if he isn't going to bother filing taxes, for example, then I have every right to claim her since she lives with me all the time.

No, you don't.

You have a court ORDER telling you that you quite precisely that you CANNOT do that.

April - seriously - what gives here?

 

[mustangapril]

Not trying to start an argument.
If he chooses not to claim her, then I do have a right. I am the custodial parent. I wasn't asking for legal advice whether or not to claim her only can I find out. Will the IRS disclose that information? And no, the IRS doesn't care about court orders. I've been able to find out at least that much information.

 

[davew128]

Not trying to start an argument.
If he chooses not to claim her, then I do have a right. I am the custodial parent. I wasn't asking for legal advice whether or not to claim her only can I find out. Will the IRS disclose that information? And no, the IRS doesn't care about court orders. I've been able to find out at least that much information.

I've seen tuna fish with more common sense. Let me put this in simple terms so there is no mistake. The answer to your question is: NO

 

[sandyclaus]

This isn't rocket science.

The court has ordered that the child's father gets to claim the child on his 2011 taxes.

It doesn't matter whether or not he does. Even if he doesn't, you don't have the right to. It also doesn't matter whether or not you were the custodial parent for all of 2011. The court has said that he STILL gets to claim the credit.

The bottom line is that the COURT ORDER is what determines who has the right to claim the child on their taxes. NOTHING ELSE MATTERS.

Get it? Got it? Good.

 

[LdiJ]

hmm never thought about it that way. To throw another wrench into this crazy situation, he owes me $7000 back child support. So, if I do claim her and he doesn't but they go back and somehow IRS cares about a court order and demand I "pay him back" it may not hold up since he owes me over $7000. Why am I bothering? Because the dependent claim is floating up there and if he isn't going to bother filing taxes, for example, then I have every right to claim her since she lives with me all the time.

Are you aware that you can claim her for Head of Household, Earned Income Credit and Daycare credits, even if he claims her for the exemption and the child tax credit? All you have to do is indicate on your return (via your software or professional software) that she is your head of household qualifier but not your dependent.

He would not be allowed to claim her for any of those things, (and a court order cannot give him that right) therefore you could not be held in contempt of court.

 

[LdiJ]

This isn't rocket science.

The court has ordered that the child's father gets to claim the child on his 2011 taxes.

It doesn't matter whether or not he does. Even if he doesn't, you don't have the right to. It also doesn't matter whether or not you were the custodial parent for all of 2011. The court has said that he STILL gets to claim the credit.

The bottom line is that the COURT ORDER is what determines who has the right to claim the child on their taxes. NOTHING ELSE MATTERS.

Get it? Got it? Good.

That is not accurate under tax law. He would be required to get a form 8332 from her in order to claim the child. The federal tax code trumps any state court orders regarding taxes.

Its true that the state court could hold her in contempt if she claimed the child on his year, but its erroneous to give people the impression that the court orders rule in tax matters.

I have seen dozens of state court orders that state that ncp's can claim head of household, earned income credit and daycare credits, and they absolutely CANNOT do so. So, someone could not even be held in contempt if the IRS denied such claims.

 

[mustangapril]

This isn't rocket science.

The court has ordered that the child's father gets to claim the child on his 2011 taxes.

It doesn't matter whether or not he does. Even if he doesn't, you don't have the right to. It also doesn't matter whether or not you were the custodial parent for all of 2011. The court has said that he STILL gets to claim the credit.

The bottom line is that the COURT ORDER is what determines who has the right to claim the child on their taxes. NOTHING ELSE MATTERS.

Get it? Got it? Good.

You're didn't have to respond.

Are you aware that you can claim her for Head of Household, Earned Income Credit and Daycare credits, even if he claims her for the exemption and the child tax credit? All you have to do is indicate on your return (via your software or professional software) that she is your head of household qualifier but not your dependent.

He would not be allowed to claim her for any of those things, (and a court order cannot give him that right) therefore you could not be held in contempt of court.

Yes, and thank you. I did do HOH, EIC and Daycare. = )

That is not accurate under tax law. He would be required to get a form 8332 from her in order to claim the child. The federal tax code trumps any state court orders regarding taxes.

Its true that the state court could hold her in contempt if she claimed the child on his year, but its erroneous to give people the impression that the court orders rule in tax matters.

I have seen dozens of state court orders that state that ncp's can claim head of household, earned income credit and daycare credits, and they absolutely CANNOT do so. So, someone could not even be held in contempt if the IRS denied such claims.

I've emailed him asking if he is going to claim her since I need to fill out a form and no response whatsoever. He doesn't communicate with me at all.

Thank you.