Evidence Used In Court

[aleayh01]

True, true. I didn't even think about that. I still have a feeling that it will depend on what the insurance co. says, though.

Three years ago, my children lived with my ex-wife, and my wife (their step-mom) was able to carry them on her insurance.

I don't think there is a cut-and-dried answer to this question. Each ins. co. has their own rules and policies.

I use to work for blue cross blue shield of New Jersey and I know you couldn't carry insurance for another person if they are not in some way related or is a dependant of some sort, but that was in New Jersey.

 

[2Mistakes]

OP, why did you ask the question about kiddo being on step-mom's insurance?

Are you trying to determine if she can be ordered to cover him? Is she wanting to cover him and you don't want her to?

Just wondering.

 

[aleayh01]

OP, why did you ask the question about kiddo being on step-mom's insurance?

Are you trying to determine if she can be ordered to cover him? Is she wanting to cover him and you don't want her to?

Just wondering.

Yes, I'm concerned because kiddo is cureently under mine and they've also mentioned covering kiddo for tax purposes, I didnt want that to happen.

 

[2Mistakes]

Yes, I'm concerned because kiddo is cureently under mine and they've also mentioned covering kiddo for tax purposes, I didnt want that to happen.

What do you mean "covering kiddo for tax purposes?" Just because they carry him on their health insurance doesn't mean they get to claim him on taxes.

 

[aleayh01]

What do you mean "covering kiddo for tax purposes?" Just because they carry him on their health insurance doesn't mean they get to claim him on taxes.

That's what I was told by them...I have primary physical custody and we have joint custody but they said that they will claim him if they can take care of medical expenses

 

[2Mistakes]

That's what I was told by them...I have primary physical custody and we have joint custody but they said that they will claim him if they can take care of medical expenses

They may have said that, but they are wrong.

If I were you, I'd let them cover him on their insurance. Makes theirs secondary. Let them find out the hard way that that doesn't mean they get to claim him on their taxes.

 

[TinkerBelleLuvr]

What is in the court order about claiming on taxes? If it is silent, then the custodial parent has the right to claim the child.

 

[aleayh01]

What is in the court order about claiming on taxes? If it is silent, then the custodial parent has the right to claim the child.

We have a mediated agreement signed through the court but nothing is mentioned about tax claims

 

[TinkerBelleLuvr]

We have a mediated agreement signed through the court but nothing is mentioned about tax claims

You have two options ... just keep real quiet and go about your merry way and claim your child. Or, have it written in the court order about WHO gets to claim the child.

If daddy does a fast one and claims the child without either and 8332 or a court order first, you'll have to file a paper return, but you'll eventually get your refund. He'll owe. They sometimes get snarkey even though they were in the wrong to begin with.

 

[aleayh01]

You have two options ... just keep real quiet and go about your merry way and claim your child. Or, have it written in the court order about WHO gets to claim the child.

If daddy does a fast one and claims the child without either and 8332 or a court order first, you'll have to file a paper return, but you'll eventually get your refund. He'll owe. They sometimes get snarkey even though they were in the wrong to begin with.

If he tries to claim our son does he have to get me to sign a 8332 form? and if it's not mentioned in the agreement can he order me to sign the 8332 form?

 

[TinkerBelleLuvr]

LEGALLY, he can claim your son ONLY if he has an 8332 -not the other way around. I guess it depends on how much the X is paying in support as to whether you would be willing to alternate years.

My first X was a great X. He was late on support once in 14 years. He caught up in 3 months. He claimed the oldest, I got the youngest and we rotated the middle one. He also paid a goodly amount in support.

X #2 does NOT get that privilege. He will NOT be able to claim while I am CP.

It all depends on relationships and the amount of support.

Now, the parent claiming the child is eligible to get the child tax credit, additional child tax credit and the education credit. The child tax credit is worth up to $1000.

The CP gets the:
Earned Income Credit
Child And Dependent Credit

 

[wileybunch]

If he tries to claim our son does he have to get me to sign a 8332 form? and if it's not mentioned in the agreement can he order me to sign the 8332 form?

Your order cannot be revised to require you to sign a form for him if you are the CP, he's the NCP, and you don't willingly agree for him to take a deduction. If it's already in the CO that he can claim the child, then, yes, you could be required to provide the form b/c he could need that if requested by IRS. But, he can't go back now and FORCE you to give him a child deduction if you are the CP.

 

[aleayh01]

Your order cannot be revised to require you to sign a form for him if you are the CP, he's the NCP, and you don't willingly agree for him to take a deduction. If it's already in the CO that he can claim the child, then, yes, you could be required to provide the form b/c he could need that if requested by IRS. But, he can't go back now and FORCE you to give him a child deduction if you are the CP.

Tax claim is not in the mediated agreement..we never dicussed tax laims in our court hearing. so, I had assumed that since I was the cp, he would need to order me to file our child on tax returns

 

[TinkerBelleLuvr]

Tax claim is not in the mediated agreement..we never dicussed tax laims in our court hearing. so, I had assumed that since I was the cp, he would need to order me to file our child on tax returns

He would have to file for a modification to force the issue in front of a judge. if you don't agree, chances of the judge ordering it is pretty slim. Most times, the child support calculators assume that the CP is getting the deduction on their taxes.

 

[wileybunch]

Tax claim is not in the mediated agreement..we never dicussed tax laims in our court hearing. so, I had assumed that since I was the cp, he would need to order me to file our child on tax returns

Yeah, he's out of luck. And Ginny is right about how it will happen -- if he electronically files first, you won't be able to electronically file, but you can do a paper return and claim the child anyway and later in the year the IRS will see the duplicate and start the process to determine who legitimately has the dependent deduction. BTW, if you're owed a refund, I do NOT believe that is held up if you paper file b/c of the duplicate. They do not check duplicates on the incoming returns, that's a later check they do b/c it's not a high priority earlier in the year b/c of deadlines they have to get returns processed. Trust me -- we've been through it.