Tax Time Advice

[mrobison14]

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

There are no specifics in our divorce decree that specifically call out claiming our two children as dependents or for tax credits and I have some questions around that.

My ex has full custody and I had been told in the past that she gets all of the credits. This year my tax accountant said that I may be able to petition for tax credit for one child and possibly for one dependent. How true is that?

I have visitation every other weekend and one week night for dinner. We split all expenses including school tuition, sports, and such. When they are with me I provide all expenses needed for clothes, food, etc. I pay support each week and the kids are on my insurance.

The kids are 6 and 8 years old, so the advice was that this credit may be available for a good number of years if I can get it.

Any advice and information is appreciated.

Thanks!

 

[Zigner]

You should find a new tax preparer.

 

[mrobison14]

You should find a new tax preparer.

So does that mean he is wrong? Please explain

 

[Ohiogal]

So does that mean he is wrong? Please explain

Yes he is wrong. Just because you do all that doesn't mean you get to claim the children. The court COULD possibly order you get to claim a child as a dependent but what has changed since the original orders were made?

 

[Zigner]

Yes he is wrong. Just because you do all that doesn't mean you get to claim the children. The court COULD possibly order you get to claim a child as a dependent but what has changed since the original orders were made?

Per the OP's other thread, there is only 1 remaining minor child. The other is now an adult.

 

[Ohiogal]

Per the OP's other thread, there is only 1 remaining minor child. The other is now an adult.

In this one he said the kids are six and eight:

The kids are 6 and 8 years old, so the advice was that this credit may be available for a good number of years if I can get it.

So I am confused.

 

[mrobison14]

Nothing has changed since the original order, but I assumed I would be able to at least get the tax credit for one child. The first year we filed we split, then after that she filed early and I couldn't get any credit. I then took a hit the next year due to that, and now have been advised to look into it further.

Also, our children are 6 and 8 years old so I don't know where the "adult" comment came from. Which other thread are you referring to?

 

[Zigner]

Total brain fart - my apologies. I misspoke.

 

[mrobison14]

I understand there are some different tax credit options. Claiming them as dependents being different than the child tax credit when filing taxes, and others I am not as familiar with.

I am just looking for some clarification to find out is I would be able to petition to get any of those credits.

 

[FlyingRon]

You will not be able to claim any of the tax CREDITS if you actually don't have custody.

As far as counting the as dependents for the exemption count, while technically you don't qualify, the IRS will accept an acquiescence of the custodial parent to let you claim them. For practical matters, as long as the custodial parent doesn't ALSO claim the exemption, you can just claim them.

If two people do claim the dependent (or the dependent files taxes themselves), the IRS will automatically catch this. This will keep the second person from efiling (though they can file on paper). The IRS will send a letter to all the parties who claimed them (along with a hand 1040X form) asking them to revise their return. If nobody does, then it gets stepped up for resolution and given neither an order from the court giving you the exemption or the acquiescence of the custodial parent, it will be resolved against you.

 

[mrobison14]

So it seems as if the custody thing holds the weight. Due to some other issues I have been considering petitioning to modify to joint custody, but understand that could be very difficult to change. So I will keep this in mind if I go that route.

Thanks for all your comments!

 

[Bali Hai]

Total brain fart - my apologies. I misspoke.

Try to take some more time to think before going off half kocked.

 

[ecmst12]

You could go back to court and try to get your order modified to allow you to claim one of the children, but it might not be worth it for what it would cost you, if there's nothing else you want to modify.

 

[LdiJ]

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

There are no specifics in our divorce decree that specifically call out claiming our two children as dependents or for tax credits and I have some questions around that.

My ex has full custody and I had been told in the past that she gets all of the credits. This year my tax accountant said that I may be able to petition for tax credit for one child and possibly for one dependent. How true is that?

I have visitation every other weekend and one week night for dinner. We split all expenses including school tuition, sports, and such. When they are with me I provide all expenses needed for clothes, food, etc. I pay support each week and the kids are on my insurance.

The kids are 6 and 8 years old, so the advice was that this credit may be available for a good number of years if I can get it.

Any advice and information is appreciated.

Thanks!

Since your orders are currently silent on the issue of tax exemptions, that means that the IRS rules would apply The IRS rules state that the custodial parents gets the exemption, period, unless the custodial parent voluntarily releases the exemption to the non-custodial parent by signing form 8332.

You may possibly be able to petition the court to allow you to claim one of the children, (with the court ordering mom to sign form 8332) however its my understanding that in IL the child support calculation takes the tax exemption into consideration. My memory could be faulty on that so consult a local attorney to be certain.

 

[Zigner]

Try to take some more time to think before going off half kocked.

Oh, believe me, I was fully kocked!