claiming dependants

[Fatherof4]

What is the name of your state? MS

In my divorce decree it states I can claim my son for taxes on even years and my x on odd years and she has primary legal custody ( shared joint). My x hasn't seen my son in more than 18 months or payed any of his support. I have now have temp. care, custody, and control of him. My question is can I claim him on my taxes this year even though the original decree says she has odd years?

 

[abezon]

No, but as the custodial parent, you get the exemption unless you sign a Form 8332. However, the custody order might act as a substitute 8332. Your best bet is to ask the court to suspend the exemption provision of the decree & enter a temporary decree granting you the exemption & specifically stating that you had custody in 2003. You should also gather copies of his school & medical records showing that he resided with you in 2003. Since you're already in court, adding this motion shouldn't be too difficult.

 

[Fatherof4]

The only problem with that is the judges in my area are only here every three months. They are here for however many days it takes to clear up the cases and then they are gone. They just left and will not be back until April which will be too late. Should I just go ahead and claim him?

What happens if I file him on my taxes and she also files him on hers?

 

[jez51]

Does your divorce decree say anything about her not getting the exemption is she's behind on CS? IRS could look at it either way, your safest bet is to call IRS and explain the situation. Call now, if you wait much longer, it will take you till May to get a live person.

 

[monnickasmommy]

What happens if I file him on my taxes and she also files him on hers?

My husbands ex did this and we where told that if she did it again she will have to pay it back with fines and intrest until it was paid off and she could no longer claim the child on taxes

Does your divorce decree say anything about her not getting the exemption is she's behind on CS?

My husbands child support oreder states that he must pay at least $1200.00 a year to claim child in odd years, by December 31st of each year.

Be sure to check on that.

Is you child support through court ? Do you get your check from Child Support agency ? If so you can get a print out and mail it also to prove she has not paid you.

 

[abezon]

The custodial parent gets the exemption unless the CP has signed a Form 8332 allowing the NCP to claim the child, or the divorce decree meets all the requirements of the Form 8332. (Lists names, SSNs of everyone involved, says who gets what years, is not conditional, and is signed by both parents.) If the original decree does not meet all tests, you can claim the child. Get it out & look at it.

You can also ask the judge to award you the exemption in April. She'll have to amend her return & pay back any refund she got for claiming the child.