Only Questions, IAAL please read.......

[Rob123]

AZ When I go to court for modication will the judge let me take both my children off on my taxes? I pay insurance on them and I have had them since July of 2000. I have Emergency Custody right now. I have provided everything for them, have not gotten any support from ex as of yet, she only can pay 56.00 a month (which did not go into effect until Nov. 1st,2000), which is fine with me. My ex only makes 6000.00 a year. If our children reside with me after modifacation how will the court decide on the taxes?
Our children was living with her from July 99 to July 00 in that time she never used my insurance for our children she used welfare medical for them. I do not understand if the judge in our divorce said I had to have insurance on our children was she not supposed to use that and drop the welfare medical? If I can remember the judge told her to do that. I do not want to be apart any fraud here because she still has the children on the welfare medical and they still use it at the dentist, which was today, I told the denist that I had insurance but I do not think it only covers accidental not medical for the dentist. They said the medical she has on them will cover it. Don't know about this, my ex should of informed them (DES) that the children was no longer living with her and had not been for the past 5 months, right? I just do not want to be caught in any faudulent activity that she might be doing with DES. Do I notify them myself? Can this be faud? What should I do?
Thank you


IAAL, would like you to answer this if you would please. I tried to just ask the questions. Its ok if you don't but I would like your imput on this. I know things was said and I would like to say I am sorry for things I did say. Its one hell of a roller coaster ride going through courts man. Yeah you have herd it all I bet and I guess I would be like you if delt with it on a day to day thing for a long time. I should know this because it realy sucks for me sometimes, finding information and asking because I can not afford a lawyer, don't think I could be a Family Lawyer and hearing samethings day in day out. I get tired even thinking about it sometimes, I hate this court crap at times for my kids you know. I get mushy because of my kids can not help it but I should just ask the questions. Just shine some light if you will on what I asked. thanks

[Edited by Rob123 on 11-22-2000 at 02:32 AM]

 

[Grandma B]

Until IAAL can respond, I might be able to help just a bit. DES should definitely be notified of the change in custody, etc. Also, your ex was wrong to not use your insurance for the children's medical; it should have been their primary coverage, with Medicaid secondary. The real bad actor I see here is the dentist--he KNOWS better.

As for income taxes, unless your divorce decree contains verbage about claiming the children, look in your IRS tax form booklet. The guidelines for exemptions are easy to follow. You most likely will qualify to file as single head of household (a great filing category), and could come very close to having Earned Income Credit. With custody change in July, that would be a close call--the children have to live with you six months of the year for you to qualify.

Best of luck to you and your children!

 

[Rob123]

Thanks Grandma B

Last year I took only one child off and she took the other. We had joint custody with our children residing with her and I paid child support of 300.00 a month so our children was split between us for taxes. I am just wondering now since I have Emergency Custody and Modication of Custody until after the first of the year. I will check in to that and see what I should do through IRS. The judge did not saying anything about the taxes at the Emergency Custody hearing. I am sure I can get the credit for them but was confused if I take one or two since custody changed. My ex is not providing for them and has not since they came to live with me. Just confused on what to do and I will check it out through IRS.


I looked at my insurance and on dental it only covers accidental like car accident and you get your teeth messed up. I asked the dentist office about this. They said they called to see if the kids was still covered through DES ACCESS (spelling wrong I know) and it was ok to use. I explain to them the children was now living with me not the mother did not seem to matter to them????? What should I do? I thought about going down to DES and giving them a letter stating the situation with attached doc. when my children came to live with me. I do not want this to come back on me, I told my ex she needed talk to DES about this but she never did. I think my ex is getting food stamps also and maybe this is why, don't really know what my ex is doing. Do you think I should go talk to DES about this or what, I just do not want this coming back on me because the children are using the medical through welfare while living with me and not her.

Thanks again


IAAL please any suggestions if any.

 

[yellorose]

as far as taxes go........

First piece of knowledge that I can give you is that child support DOES NOT FACTOR into taxes in any way, shape, or form. Even if (last year) you had provided ALL of the children's support, that would still not give you the right to claim them on your taxes.

The person that has the right to claim the kids is the person that they lived with for *more than* six months (unless otherwise directed in court documents such as divorce decree). In your case, since the custody change took effect in July, and if there is no legal paperwork stating otherwise, your ex reserves the right to claim the kids for this year. If you want to claim them, you would have to have her file a form 8332 "Release of Claim of Exemption for Child of Divorced or Separated Parents".

 

[Grandma B]

Your ex may well be receiving numerous benefits from the county and state, and of course they should be informed that the children no longer reside with her. The dentist only checked their medicaid eligibility to be sure he'd be paid, but he also has an obligation to report abuse of the system. I am NOT saying you committed abuse--you sound like a decent young man trying to solve some of life's problems. I don't know your financial situation, but it might be possible that the children remain eligible for certain benefits while in your care. Check it out if you don't make a lot of money.

The Federal tax form booklets contain all the info you need on who can claim who. There are a number of tests to meet for eligibility as dependents under various circumstances. They also explain when you need the "release" form, etc. Of course, if there is a statement re the exemptions in a divorce decree, that takes precedence.

Hopefully IAAL or Legal Beagle will pick up your thread soon. Good luck and God bless.

 

[yellorose]

Funny, as a person who has been certified in personal tax preparation for the last 14 years, I thought I was qualified to give the above tax advice regarding the claiming of dependents and exemptions. Go figure.

[Edited by yellorose on 11-23-2000 at 06:12 PM]

 

[cat2young]

med bills

I don't mean to be rude but if you don't want to have to worry about the medical aid the children are getting, Don't use it. Use your insurance or pay cash.
Good Luck