Father's claiming kids on taxes advice needed

[anonymous27]

What is the name of your state? FL

I have a question (If you've read my other post) You would have seen that my kids were living with me for 9months April-Dec 04. The biggest argument between me and my ex-wife is Taxes. When the kids were here she said she was going to claim them because in order for her to get help with school they needed to see that she had dependents. (First off all that is fraud) So she would shut up I told her that she could claim one and I would claim another.
Well after she took the kids she would call me and tell me that she was claiming them both. Well I called the IRS and they told me that they were with me for more then 6months and I should be the other to claim the kids.
Well he also told me that if we claim the kids that they would send me a notice (I guess they would audit me) I have proof that my son was living with me for 9months but I don't with my daughter. I have his school transfer and a notirized letter from my ex-wife stating I could enroll my son into school and that he is residing with me When I enroll him into school it was me filling out the paper work. I have proof for him but my daughter is 3 and she didn't attend daycare she was watched by a private babysitter. So I figured that I would just claim my son and let her claim my daughter. Has anyone gone through this before. Do you know what proof they would ask for? I don't think it's right that she collect money when she didn't even take care of the kids for 9months and the other 3months the kids living with a friend of hers. I plan on using that money for the lawyer's fee. Can anybody help me advice needed? I would send her whatever she needs for my kids as long as she provides me with an address as to where my kids are living but she won't so I won't.

Thanks

 

[Chelle0511]

What is the name of your state? FL

I have a question (If you've read my other post) You would have seen that my kids were living with me for 9months April-Dec 04. The biggest argument between me and my ex-wife is Taxes. When the kids were here she said she was going to claim them because in order for her to get help with school they needed to see that she had dependents. (First off all that is fraud) So she would shut up I told her that she could claim one and I would claim another.
Well after she took the kids she would call me and tell me that she was claiming them both. Well I called the IRS and they told me that they were with me for more then 6months and I should be the other to claim the kids.
Well he also told me that if we claim the kids that they would send me a notice (I guess they would audit me) I have proof that my son was living with me for 9months but I don't with my daughter. I have his school transfer and a notirized letter from my ex-wife stating I could enroll my son into school and that he is residing with me When I enroll him into school it was me filling out the paper work. I have proof for him but my daughter is 3 and she didn't attend daycare she was watched by a private babysitter. So I figured that I would just claim my son and let her claim my daughter. Has anyone gone through this before. Do you know what proof they would ask for? I don't think it's right that she collect money when she didn't even take care of the kids for 9months and the other 3months the kids living with a friend of hers. I plan on using that money for the lawyer's fee. Can anybody help me advice needed? I would send her whatever she needs for my kids as long as she provides me with an address as to where my kids are living but she won't so I won't.

Thanks[/QUO

I've seen it go both ways. Both parents claim, they both get the money and then get audited. At this point it is the journey of proof. With school records it should be fairly simple. Also, have the daycare provider give you some form of a receipt. That should work for your daughter. I've also seen it work first come first serve. The first to file gets the claim and the 2nd to file is denied the claim. What does the divorce agreement say? Also, legally she can't clain EIC unless they lived with her 6 months out of the year.

 

[djohnson]

If you had them over 6 months, and there is no court order stating differently, then you can claim them both. For your daughter you can show where you paid for child care and get a statement from the person caring for her. Did you take her to the Dr? Other people that know she was living with you. I would call her bluff and tell her that she can be in debt to the IRS for lying because you have all the proof you need. Now if there is an order stating something different it wins.

 

[anonymous27]

No in our divorce papers it doesn't state anything to do with taxes. The only thing is she has residential and we share joint custody. I have took my daughter to the Dr's once and she called social services on me 2x (long sotry but both times the kids were with me they spoke with both of my kids and the cases were closed with no abuse) My daughter didn't go to a daycare it was a private babysitter a friend of the family. N The kids did not live with her for 6months she had them maybe 3months. I had them for 9months. I also have plane tickets where I purchased for all 3 of them. I payed for her to bring me the kids. My landlord also is my next door neighbor and has seen the kids here for 6months. (I've been living in this place since July) I just figured they would want proof on paper.

 

[djohnson]

Proof comes in many different forms. Signed statements, showing the dr's appoinments also helps you greatly. I would say she doesn't have a leg to stand on. Just in case I would file, sometimes if it's iffy situations, it can be a first come first serve basis.

 

[Chelle0511]

No in our divorce papers it doesn't state anything to do with taxes. The only thing is she has residential and we share joint custody. I have took my daughter to the Dr's once and she called social services on me 2x (long sotry but both times the kids were with me they spoke with both of my kids and the cases were closed with no abuse) My daughter didn't go to a daycare it was a private babysitter a friend of the family. N The kids did not live with her for 6months she had them maybe 3months. I had them for 9months. I also have plane tickets where I purchased for all 3 of them. I payed for her to bring me the kids. My landlord also is my next door neighbor and has seen the kids here for 6months. (I've been living in this place since July) I just figured they would want proof on paper.

~You have plenty. As soon as you everything in order that you need to file, do it ASAP. Like yesterday! Don't stress it.

 

[TNBSMommy]

I had the situation where myself and my ex claimed the kids the same year(I didn't know he claimed them too). We both got our returns that year.. the following year we received packets from the IRS informing us that someone else claimed those SS numbers and to send proof that we had legal right to claim the children... The packet included a list of what HAD to be sent, and what was acceptable proof.

I also had a private babysitter at the time... I had her write a letter stating the months and year she babysat for me, and have it notarized. It worked just fine. I also had to send copies of birth certificates, and ss cards for them.I had to send in actual dates of when I had the kids, when he had the kids. (which was not easy to do, I have a hard time remembering last week, much less an entire year)

A few months later, I received a letter stating thank you and there would be no changes to my taxes. My ex got nothing that year, his wife made the comment that they never received anything back from the IRS.(I got what was left of his taxes, due to CS arrears)The only thing they sent in with their packet was their food stamp case(which is fraud, I had the kids) that they had the children listed on.

Good luck!! I would say go a head and file, and if they red flag it, be ready!

 

[casa]

What is the name of your state? FL

I have a question (If you've read my other post) You would have seen that my kids were living with me for 9months April-Dec 04. The biggest argument between me and my ex-wife is Taxes. When the kids were here she said she was going to claim them because in order for her to get help with school they needed to see that she had dependents. (First off all that is fraud) So she would shut up I told her that she could claim one and I would claim another.
Well after she took the kids she would call me and tell me that she was claiming them both. Well I called the IRS and they told me that they were with me for more then 6months and I should be the other to claim the kids.
Well he also told me that if we claim the kids that they would send me a notice (I guess they would audit me) I have proof that my son was living with me for 9months but I don't with my daughter. I have his school transfer and a notirized letter from my ex-wife stating I could enroll my son into school and that he is residing with me When I enroll him into school it was me filling out the paper work. I have proof for him but my daughter is 3 and she didn't attend daycare she was watched by a private babysitter. So I figured that I would just claim my son and let her claim my daughter. Has anyone gone through this before. Do you know what proof they would ask for? I don't think it's right that she collect money when she didn't even take care of the kids for 9months and the other 3months the kids living with a friend of hers. I plan on using that money for the lawyer's fee. Can anybody help me advice needed? I would send her whatever she needs for my kids as long as she provides me with an address as to where my kids are living but she won't so I won't.

Thanks

If the custody order does not address taxes, the 'test' is usually who the children lived with for more than 6 months out of the year.

Call 1-800-829-1040 and speak to an IRS rep.

 

[anonymous27]

birth certificates, and ss cards for them
When she sent the kids down she gave me original birth cirtificates but not their SS Cards. She gave me a copy of my son's for when I enrolled him into school but not the actual cards

 

[Chelle0511]

birth certificates, and ss cards for them
When she sent the kids down she gave me original birth cirtificates but not their SS Cards. She gave me a copy of my son's for when I enrolled him into school but not the actual cards

~All you need is the #, you don't even need a copy. As far as getting your daughters you can get this from medical records, school records, or many other places. Call the local SSI office, they can usually get it to you in 24 hours!

 

[TNBSMommy]

If you claim them and she doesnt, then you only need the numbers, like Chelle said, however if you both claim them, and you end up having to prove you have the legal right to claim them then you will need to send copies of the SS cards for them.

You can go to the SS office where your children were born and request copies of them, they will mail them to you, you will need verification(I THINK a BCertificate will work) and possibly a proof of address...

 

[Britlandco]

Federal Law vs. Court Papers?

From the IRS website...

"Can a court order determine who takes a child for a deduction? Does the court order supersede the IRS requirements?

Federal law determines who may claim a dependency exemption. Please refer to Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents."
http://www.irs.gov/publications/p504/index.html

Does this mean that even if my court papers state my ex can claim my daughter on certain years...that I am still entitled to claim her because Federal Law supersedes these papers? (This is because she lives with me all year!)

 

[casa]

From the IRS website...

"Can a court order determine who takes a child for a deduction? Does the court order supersede the IRS requirements?

Federal law determines who may claim a dependency exemption. Please refer to Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents."
http://www.irs.gov/publications/p504/index.html

Does this mean that even if my court papers state my ex can claim my daughter on certain years...that I am still entitled to claim her because Federal Law supersedes these papers? (This is because she lives with me all year!)

No that's not what it means. If you read publication 504 it addresses parents who have not had a court order issued and are wondering who should claim the children. If you agreed, or the court decided that your X can claim your child- then your X can claim your child.

If you don't understand why, please call the 800# for the IRS I provided above in this post.

 

[Britlandco]

Whew! Complicated stuff. My brain hurts...

Publication 504 also addresses those with a court order...

19. In a divorce decree, can a court order determine who takes a child for a deduction? Does the court order supersede the IRS requirements?

If the court order is not a divorce decree or separation agreement and it is not a modification to an existing divorce decree or separation agreement, then the "Support Test for Divorced or Separated Parents" will apply. Refer to Publication 501, Exemptions, Standard Deductions, and Filing Information, for details. If the court order is a divorce decree or separation agreement, the answer would depend on the year of the divorce decree and its exact wording. Please refer to Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents. a complete discussion of the special rules.

Upon reading and re-reading and reading Pub 504...
I suppose that it means this...that the non-custodial parent would need to file a Form 8332signed by custodial parent if...

Divorce decree or separation agreement made after 1984. If your divorce decree or separation agreement was executed after 1984, you do not have to attach Form 8332 or a similar statement if both of the following requirements are met.

The decree or agreement states all of the following.

1.The custodial parent will not claim the child as a dependent.

2.The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.

3.The years for which the noncustodial parent can claim the child as a dependent.

The noncustodial parent attaches a copy of the following pages of the decree or agreement to his or her tax return for the tax year.

1.The cover page (write the other parent's social security number on this page).

2.The pages that contain the information shown in item (1).

3.The signature page with the other parent's signature and the date of the agreement.

 

[casa]

Publication 504 also addresses those with a court order...

19. In a divorce decree, can a court order determine who takes a child for a deduction? Does the court order supersede the IRS requirements?

If the court order is not a divorce decree or separation agreement and it is not a modification to an existing divorce decree or separation agreement, then the "Support Test for Divorced or Separated Parents" will apply. Refer to Publication 501, Exemptions, Standard Deductions, and Filing Information, for details. If the court order is a divorce decree or separation agreement, the answer would depend on the year of the divorce decree and its exact wording. Please refer to Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents. a complete discussion of the special rules.

Upon reading and re-reading and reading Pub 504...
I suppose that it means this...that the non-custodial parent would need to file a Form 8332signed by custodial parent if...

Divorce decree or separation agreement made after 1984. If your divorce decree or separation agreement was executed after 1984, you do not have to attach Form 8332 or a similar statement if both of the following requirements are met.
The decree or agreement states all of the following.

1.The custodial parent will not claim the child as a dependent.

2.The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
3.The years for which the noncustodial parent can claim the child as a dependent.

The noncustodial parent attaches a copy of the following pages of the decree or agreement to his or her tax return for the tax year.

1.The cover page (write the other parent's social security number on this page).

2.The pages that contain the information shown in item (1).
3.The signature page with the other parent's signature and the date of the agreement.

That's it exactly.