Income Tax Child Deduction / Credit Who Claims question...

[Zigner]

Do you agree with Mist's advice in responding to their dad and that the IRS rules trump the divorce decree over claiming the kids?

That information is absolutely true.

However, if you are supposed to allow the other party to claim per your decree and you DON'T sign the appropriate paperwork, the court can force you to sign or be subject to penalties.

 

[BalloonGirl]

That information is absolutely true.

However, if you are supposed to allow the other party to claim per your decree and you DON'T sign the appropriate paperwork, the court can force you to sign or be subject to penalties.

Thank you.

I have never signed any paperwork for the IRS in the past - should I fill those out for the previous years and send to him for his files?

 

[mistoffolees]

Not entirely. Yes, the IRS rules trump the divorce decree but dad can still take you to court for contempt and you can be otherwise sanctioned by the state court judge..

That's exactly what I said.

 

[LdiJ]

That's exactly what I said.

I know, but the OP was interpreting what you said a bit differently than the way that you meant it. My "not entirely" referred to her interpretation.

 

[BalloonGirl]

I know, but the OP was interpreting what you said a bit differently than the way that you meant it. My "not entirely" referred to her interpretation.

OP has already entirely taken responsibility for her misinterpretation!

Mistoffollees - you said that if it were you, you'd file your return asap, and send the letter telling him you met the requirements and claimed the child after you filed, along with the 8332 for the child he's entitled to claim.

Per our court order, I have to respond within 24 hours of receipt of his email - so waiting until February 2010 isn't going to fly.

In the interim, what would you suggest?

 

[LdiJ]

OP has already entirely taken responsibility for her misinterpretation!

Mistoffollees - you said that if it were you, you'd file your return asap, and send the letter telling him you met the requirements and claimed the child after you filed, along with the 8332 for the child he's entitled to claim.

Per our court order, I have to respond within 24 hours of receipt of his email - so waiting until February 2010 isn't going to fly.

In the interim, what would you suggest?

Just FYI, I am a tax professional. Its what I do for a living, year round.

So I will give you some advice from a tax professional standpoint.

Misto is correct, the IRS will absolutely back you up. The IRS would back you up if you claimed all three children because your divorce decree is "conditional" so it couldn't possibly qualify as a substitute for form 8332.

However, you would then have to deal with the state court judge who likely wouldn't treat you well if you claimed all three children.

However, you have met the requirements to claim a second child under the divorce decree and dad and his attorney are trying to play games with you about that as far as I am concerned...particularly since they are trying to claim that your second job doesn't count.

However...if you were my client, I would be looking at your overall income and running numbers to see if it would really be worth your while to fight dad on this one. For 2009 you will get EIC for all three children and dad will NOT. For 2009 you will qualify as Head of Household for all three children and dad will NOT. It very well could be that you will max out your potential refund based on that alone, without it making any difference if dad claims the second child or you do. It all depends on your overall income.

However, if your overall income indicate that an additional exemption and child tax credit makes a difference for you, then you should do what you are entitled to do under the divorce decree, and to heck with proving it to dad now.

 

[mistoffolees]

OP has already entirely taken responsibility for her misinterpretation!

Mistoffollees - you said that if it were you, you'd file your return asap, and send the letter telling him you met the requirements and claimed the child after you filed, along with the 8332 for the child he's entitled to claim.

Per our court order, I have to respond within 24 hours of receipt of his email - so waiting until February 2010 isn't going to fly.

In the interim, what would you suggest?

You said you got a letter from his attorney saying you had to respond. Did you receive a court order demanding a response?

What, EXACTLY, does the court order say about you having to respond? I'd be shocked if a court order said you have to respond within 24 hours every time he asks a question, particularly since the tax year isn't even over.

If there IS a court order, I would supply a minimum of information. Simply, something along the lines of "the divorce decree states that if I work for more than 37 hours per week for over 6 months of the year that I may claim the deduction for xxxx. This is your notification that I have met those requirements."

Of course, that assumes that the court order doesn't specify that you have to provide him with information on request. If the court order says you must provide him with information on request, then you have to provide it.

 

[BalloonGirl]

You said you got a letter from his attorney saying you had to respond. Did you receive a court order demanding a response?

What, EXACTLY, does the court order say about you having to respond? I'd be shocked if a court order said you have to respond within 24 hours every time he asks a question, particularly since the tax year isn't even over.

If there IS a court order, I would supply a minimum of information. Simply, something along the lines of "the divorce decree states that if I work for more than 37 hours per week for over 6 months of the year that I may claim the deduction for xxxx. This is your notification that I have met those requirements."

Of course, that assumes that the court order doesn't specify that you have to provide him with information on request. If the court order says you must provide him with information on request, then you have to provide it.

Sorry - I thought I'd replied - I went to get my court order and got distracted... it's been a crazy few weeks.

Just to clarify - I receive an email from my ex with the wording:
"To get back to you on the tax credit of (child#3).

Per the decree: Section 5 (b) Upon (mom) obtaining employment for at least thirty-five (35) hours per week for a period equaling at least six months of the tax year...

Per our attorney, it is for you to prove to us (or the court) that you have been employed at least 35 hours per week for 26 weeks in 2009. Also, per our attorney receiving a stipend from the church does not qualify as part of the hours of being employed.

If you do have letters from your employer(s) stating that you were employed 35 hours per week for 26 weeks our attorney would appreciate them as soon as possible."

I did not receive a letter from his attorney. I have not received a court order requesting proof of my meeting the employment requirement, nor is there anything in the decree requiring me to prove it to him.

I had a restraining order against my former husband a few years ago for threats he made to me. Hence, we only communicate via email now. The orders from that court appearance read: "Any contact between Plaintiff and Defendant, with the exception of an emergency situation, shall take place by e-mail. ... Each party will check e-mail daily and respond."

I copied your suggestion, corrected it to match the court order, and sent it to him.

Thank you again for the assistance.

 

[Bali Hai]

Sorry - I thought I'd replied - I went to get my court order and got distracted... it's been a crazy few weeks.

Just to clarify - I receive an email from my ex with the wording:
"To get back to you on the tax credit of (child#3).

Per the decree: Section 5 (b) Upon (mom) obtaining employment for at least thirty-five (35) hours per week for a period equaling at least six months of the tax year...

Per our attorney, it is for you to prove to us (or the court) that you have been employed at least 35 hours per week for 26 weeks in 2009. Also, per our attorney receiving a stipend from the church does not qualify as part of the hours of being employed.

If you do have letters from your employer(s) stating that you were employed 35 hours per week for 26 weeks our attorney would appreciate them as soon as possible."

I did not receive a letter from his attorney. I have not received a court order requesting proof of my meeting the employment requirement, nor is there anything in the decree requiring me to prove it to him.

I had a restraining order against my former husband a few years ago for threats he made to me. Hence, we only communicate via email now. The orders from that court appearance read: "Any contact between Plaintiff and Defendant, with the exception of an emergency situation, shall take place by e-mail. ... Each party will check e-mail daily and respond."

Irrelevant!!

I copied your suggestion, corrected it to match the court order, and sent it to him.

Thank you again for the assistance.

Our attorney?? I can guess who is getting the best representation out of that.

It appears that your questions belong in the "Tax Law" section of these forums along with the other Republican and big corporation tax evaders who have destroyed the US economy.

 

[BalloonGirl]

Our attorney?? I can guess who is getting the best representation out of that.

It appears that your questions belong in the "Tax Law" section of these forums along with the other Republican and big corporation tax evaders who have destroyed the US economy.

As for what you posed as IRRELEVANT!! It was in response to Misto's question about the timeframe of responding to emails.

"Our attorney" refers to his and his wife's attorney.

My question was a decree related question when posed. I clearly stated " and I'm not sure I'm in the right forum. If not, please let me know where I should be posting this."

Misto clearly stated that it wasn't an IRS issue, and I am grateful for the advice I received. LdiJ agreed, and gave me more information that went above and beyond what I was seeking, and I'm even more grateful for that, since I didn't claim the credits I should have been claiming.

I'm not sure why you think I should be lumped in with "the other Republican and big corporation tax evaders who have destroyed the US economy," when all I wanted was clarification as to whether I was required to provide my ex-husband's attorney with proof that I had met the terms of the decree.

I got clear and appropriate answers, which is the point of this forum.

At least that's what I thought....

 

[Bali Hai]

As for what you posed as IRRELEVANT!! It was in response to Misto's question about the timeframe of responding to emails.

"Our attorney" refers to his and his wife's attorney.

My question was a decree related question when posed. I clearly stated " and I'm not sure I'm in the right forum. If not, please let me know where I should be posting this."

Misto clearly stated that it wasn't an IRS issue, and I am grateful for the advice I received. LdiJ agreed, and gave me more information that went above and beyond what I was seeking, and I'm even more grateful for that, since I didn't claim the credits I should have been claiming.

I'm not sure why you think I should be lumped in with "the other Republican and big corporation tax evaders who have destroyed the US economy," when all I wanted was clarification as to whether I was required to provide my ex-husband's attorney with proof that I had met the terms of the decree.

I got clear and appropriate answers, which is the point of this forum.

At least that's what I thought....

Since you purport to have a heart of gold and want to do the right thing...THEN BY ALL MEANS, DO THE RIGHT THING!!

 

[BalloonGirl]

Since you purport to have a heart of gold and want to do the right thing...THEN BY ALL MEANS, DO THE RIGHT THING!!

I do try to do what is best for the children at all times. I do my best to follow the decree to the letter. However, I don't think that I should be harassed and walked all over, by my ex husband or anyone else.

I'm sorry you're feeling so angry and vindictive at me for trying to get some clear advice, which I certainly did. Your comments added nothing to this post, other than to insult me.

I will do the right thing. This post, the OP having received very appropriate and legally correct advice, is now closed. My gratitude to those kind enough to read and take the time to provide helpful information.

Thank you again.