my ex wants to claim our child

[aliachase2007]

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

My ex is wanting to file taxes on our daughter this yr and for now on. I have been the custodial parent and have filed every yr since her birth 6 yrs ago.
We have a standard visitation order and it says nothing about who gets to claim her.
I dont work because I am on disability from brain surgery due to a car accident. The money I get from disability and child support goes for the care of my daughter. We live with my mom who claims us as dependents. Hes saying the professional he hired this yr told him "if u dont have income to deduct or my contributions exceeds urs the i have the right to claim. remember i am next in line to claim ***"

We've already claimed her this yr. I google this question and found that the custodial parent gets to claim the child unless its in writting otherwise and signed by the custodial.

who has the right to claim her? he is going ahead to file his taxes and is claiming her, even tho i told him shes already been claimed.

 

[Isis1]

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

My ex is wanting to file taxes on our daughter this yr and for now on. I have been the custodial parent and have filed every yr since her birth 6 yrs ago.
We have a standard visitation order and it says nothing about who gets to claim her.
I dont work because I am on disability from brain surgery due to a car accident. The money I get from disability and child support goes for the care of my daughter. We live with my mom who claims us as dependents. Hes saying the professional he hired this yr told him "if u dont have income to deduct or my contributions exceeds urs the i have the right to claim. remember i am next in line to claim ***"

We've already claimed her this yr. I google this question and found that the custodial parent gets to claim the child unless its in writting otherwise and signed by the custodial.

who has the right to claim her? he is going ahead to file his taxes and is claiming her, even tho i told him shes already been claimed.

the child lives with you. per federal law, you are the only parent that gets to claim unless you give up that right by signing an 8332 form and give it to him.

file your taxes. with your daughter. you will get your money, maybe not as quickly as usual, but dad will be audited and fined.

 

[ecmst12]

She said her MOM claims both her and the child. Does she need to give the form to mom?

 

[Isis1]

She said her MOM claims both her and the child. Does she need to give the form to mom?

i'm going to go clean my contacts.

LD is going to have to answer that one.....i misread that. sorry OP. geez. i hope she comes back for a correction.

 

[aliachase2007]

i'm going to go clean my contacts.

LD is going to have to answer that one.....i misread that. sorry OP. geez. i hope she comes back for a correction.

Sorry, whos the LD? DO I have to give a form for my mom to claim us? She always has and I never knew we needed something like that.

thanks

 

[sometwo]

I dont understand the big deal about letting dad claim child? You have always claimed the child and your making a big stink about dad ? Why should dad not have the same opportunities as you? It is his child too.

If I were dad I would get a court order that says I can claim every other year.

 

[ecmst12]

LD is another poster who is also a tax pro.

 

[LdiJ]

Ok...lets let the whole what's fair to who fall by the wayside and think about this from the standpoint of federal tax law, because that is the only thing that controlls here.

Its quite possible, and likely even probable that the grandparents, under federal tax law, are the ones who have the right to claim the child.

However mom, the fact that your parents are claiming the child is not a "we" situation. As the custodial parent, you would normally be the only person with the right to claim the child in your scenario. However, you cannot claim the child because you have no taxable income.

Your parents are not an extension of you. Therefore their right to claim the child would be independent from yours.

In this scenario its almost guaranteed that they have the right to claim the child, but there are rare scenarios where they might not.

 

[ecmst12]

So because mom is not transferring her right to claim to grandma, mom does not need to provide the form?

 

[LdiJ]

So because mom is not transferring her right to claim to grandma, mom does not need to provide the form?

Mom CANNOT transfer her rights to grandma. The only person mom can transfer her rights to is dad.

Other than that, federal law applies and the person who can claim the child has to qualify under federal law.

That actually means that in some scenarios NO ONE can claim the child.

Example: Mom earned sufficient social security credits, and became disabled, to receive maximum social security disability. Mom also receives children's benefits. Mom could be recieving as much as 3600.00 a month between her benefits and children's benefits.

Lets say that dad provides child support, but dad is relatively low income so the child support is low. Lets say that dad provides 300.00 a month.

Lets say that mom lives with her parents, but due to her income from the SSA she provides at least half of the monthly bills for the home.

In that scenario, mom clearly provides more than half of the support for the child, so NOBODY gets to claim the child on their taxes.

 

[aliachase2007]

LD is another poster who is also a tax pro.

just wanted to say thank you for explaining who LD was. i felt stupid for asking, but just wantedto make sure who it was and that it wasnt short for something eles

 

[aliachase2007]

I dont understand the big deal about letting dad claim child? You have always claimed the child and your making a big stink about dad ? Why should dad not have the same opportunities as you? It is his child too.

If I were dad I would get a court order that says I can claim every other year.

Your right, it shouldnt really be a big deal. But the thing is, I have always claimed her, she was already claimed this yr, AND he didnt just ask. He told me he WAS going to claim her, even after I told him she was already claimed. Maybe Im making a big deal out of something, but I think asking and not demanding/ expecting is nicer. With us (him and I) he doesnt ask me something, he tells me thats the way its gonna be and thats that. I think thats wrong.

We should discuss something like this and come to an satisfatory agreement since its not in the court order.

Also, its not my fault he got divorced (which he mentioned as a contributor to his wanting to claim her) and its not my fault he gets huge bonus's (15000 recently) that Im sure he doesnt pay taxes on. He also doesnt notify the child support letting them now about his raises and bonus's.

I also feel he gets to claim the child support, any daycare expenses he incurs while shes with him. Is it exactly fair for him to claim her ontop of these. I may be wrong, I dont know how taxes work and what you can claim. But he should be able to claim what hes paid.

 

[stealth2]

I also feel he gets to claim the child support, any daycare expenses he incurs while shes with him. Is it exactly fair for him to claim her ontop of these. I may be wrong, I dont know how taxes work and what you can claim. But he should be able to claim what hes paid.

Uuuuh.... since you're the CP, he presumably pays you child support, right? He pays taxes on that money, hon. That's why you don't have to.

 

[LdiJ]

Your right, it shouldnt really be a big deal. But the thing is, I have always claimed her, she was already claimed this yr, AND he didnt just ask. He told me he WAS going to claim her, even after I told him she was already claimed. Maybe Im making a big deal out of something, but I think asking and not demanding/ expecting is nicer. With us (him and I) he doesnt ask me something, he tells me thats the way its gonna be and thats that. I think thats wrong.

You have not always claimed her. Your parents have been claiming her.

We should discuss something like this and come to an satisfatory agreement since its not in the court order.

Actually, you don't even have to discuss it with him, you simply have to follow federal law.

Also, its not my fault he got divorced (which he mentioned as a contributor to his wanting to claim her) and its not my fault he gets huge bonus's (15000 recently) that Im sure he doesnt pay taxes on. He also doesnt notify the child support letting them now about his raises and bonus's.

Again, irrelevant because you have to follow federal law.

I also feel he gets to claim the child support, any daycare expenses he incurs while shes with him. Is it exactly fair for him to claim her ontop of these. I may be wrong, I dont know how taxes work and what you can claim. But he should be able to claim what hes paid.

Child support is not tax deductible and an ncp can never claim daycare costs, EVER. They also cannot claim EIC.

If he claims the child (he would have to do so via a paper return if your parents filed electronically) then he will eventually have to pay the excess refund back...because again, as I stated, its probable that your parents would have the right under the tax code. The child is a qualifying child for your parents but is NOT a qualifying child for the ncp.

 

[aliachase2007]

You have not always claimed her. Your parents have been claiming her.



Actually, you don't even have to discuss it with him, you simply have to follow federal law.



Again, irrelevant because you have to follow federal law.



Child support is not tax deductible and an ncp can never claim daycare costs, EVER. They also cannot claim EIC.

If he claims the child (he would have to do so via a paper return if your parents filed electronically) then he will eventually have to pay the excess refund back...because again, as I stated, its probable that your parents would have the right under the tax code. The child is a qualifying child for your parents but is NOT a qualifying child for the ncp.

Thanks. I didnt know he couldnt claim what he pays for her. I honestly thought he could, it would be fair that way to the ncp if they got to claim the child support paid and care for the child even though they can't claim the child as a dependent. I really appreciate all your input and help Ld.