Claim Dependents on Tax Return

[Jaugar]

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

Maryland. I was Legally Seperated in 2015 and Granted a Divorce in 2016. I was granted in both Court documents that I was granted the right to claim my 14 & 16 yr old children as dependents on all tax returns. I e-filed my taxes and they were rejected because my ex-wife claimed them on her taxes. I was informed by the IRS to mail my returns. This would force an automatic audit to determine who can claim the children. If I do this, does the court order stand or was my attorney supposed to have required my ex wife to sign IRS Form 8332 or will the IRS accept the legal separation and divorce decree giving me the right to claim the exemptions?

 

[LdiJ]

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

Maryland. I was Legally Seperated in 2015 and Granted a Divorce in 2016. I was granted in both Court documents that I was granted the right to claim my 14 & 16 yr old children as dependents on all tax returns. I e-filed my taxes and they were rejected because my ex-wife claimed them on her taxes. I was informed by the IRS to mail my returns. This would force an automatic audit to determine who can claim the children. If I do this, does the court order stand or was my attorney supposed to have required my ex wife to sign IRS Form 8332 or will the IRS accept the legal separation and divorce decree giving me the right to claim the exemptions?

Unfortunately, if the children do not live with you primarily, and mom did not give you a signed form 8332, then the IRS is going to side with mom. What you should have done was to file in court for contempt against mom for not giving you a signed form 8332 and for claiming the children herself. Then mom would have been forced to give you the signed form 8332 and then the IRS would side with you.

I assume that you are fully up to date with your child support payments?

Now, there is something else to consider. If the children do not primarily reside with you, then you are only allowed to claim the children's exemption and the child tax credit. Even if mom gave you a signed form 8332 you cannot claim head of household or EIC. Mom is still allowed to claim those. So, if either of those were included on your tax return that might explain why it rejected. In that case you might try resubmitting your return without those items on it.

 

[Jaugar]

Unfortunately, if the children do not live with you primarily, and mom did not give you a signed form 8332, then the IRS is going to side with mom. What you should have done was to file in court for contempt against mom for not giving you a signed form 8332 and for claiming the children herself. Then mom would have been forced to give you the signed form 8332 and then the IRS would side with you.

I assume that you are fully up to date with your child support payments?

Now, there is something else to consider. If the children do not primarily reside with you, then you are only allowed to claim the children's exemption and the child tax credit. Even if mom gave you a signed form 8332 you cannot claim head of household or EIC. Mom is still allowed to claim those. So, if either of those were included on your tax return that might explain why it rejected. In that case you might try resubmitting your return without those items on it.

That's what I was aftaid of hearing. She doesn't work and receives close to $30,000 in child support and another $13,000 in Alimony. It now appears I'm disappointed my attorney left me hanging out to dry like this. I don't have anything to say except "Thanks for your advice".

 

[LdiJ]

That's what I was aftaid of hearing. She doesn't work and receives close to $30,000 in child support and another $13,000 in Alimony. It now appears I'm disappointed my attorney left me hanging out to dry like this. I don't have anything to say except "Thanks for your advice".

If she did not work at all in 2015, and only had to file a tax return for the 13k in alimony, then mom was really dumb if she claimed the children. They would have provided very little benefit to her at all. Therefore, its possible that someone else claimed the children. Do mom and the children live with her parents or other family? If someone other than mom claimed the children, then you would win under the tiebreaker rules and form 8332 would no longer be necessary.

 

[AdjunctFL]

Post deleted in entirety

 

[LdiJ]

They could be of some real value, including approximately $3,000+ in earned income tax credits. While in most instances alimony is not earned income, there is a special rule that says it is earned income for purposes of the earned income tax credit.

Can you link me to a cite on that? The only client I have ever had with children and alimony both had too much overall income for EIC. Most of my clients with alimony have been older.

However, if that is the case then we are back to my previous suggestion to remove head of household from his tax return, as mom would have been entitled to head of household and EIC anyway, even if dad was claiming the children's exception and child tax credit.

 

[AdjunctFL]

Can you link me to a cite on that?

I wish I could - clearly I had something else in mind when I wrote it as it is in error. Thanks for catching it.