Taxes

[AshleyBrunell]

I live in Nevada. I am in the middle of a divorce. We have agreed on Joint Custody, but she resides primarly with me. The problem is I want to claim her on my tax returns every year. But her father wants to alternate, I don't see why he should even want to considering he can claim two other kids, and he doesn't have our daughter the majority of the time. What can I do to make sure that he doesn't get to claim her? He does nothing for her and I don't feel he has a right to even think about claiming her.

 

[sirxamiel]

I live in Nevada. I am in the middle of a divorce. I have been awarded primary custody of our daughter. The problem is I want to claim her on my tax returns every year. But her father wants to alternate, I don't see why he should even want to considering he can claim to other kids, and he doesn't have our daughter the majority of the time. What can I do to make sure that he doesn't get to claim her? He does nothing for her and I don't feel he has a right to even thinking about claiming her.

Since you have court documentation of primary custody,and she lives with you, you legally have the right to claim her on your taxes. If he tries to claim her, then he can be forced to pay that back to the IRS. He cannot file her on his taxes if the child does not live with him, and he doesnt have primary custody. There is nothing you have to do to stop him. The IRS will take care of that for you. If you find out that he claims her, then go to your local IRS office, show them the Custody Order, and they will take care of the rest.

 

[nextwife]

Many divorce decrees DO allow for alternating years on the refund because they other parent recognizes that the CS is a form of supporting the child throughout the year. You have no final agreement yet. It is not at all unreasonable IF he is paying CS for a couple to have a provision in their divorce decree that provides for alternating that deduction.

You get the BEST part - you get to have your child live with you as the primary parent!

 

[AshleyBrunell]

The joint custody and me as the primary caregiver are final. Its been awarded. He was also ordered to pay CS and he hasn't. He is 8 months behind, he does nothing for her so why should he be able to claim her? All he does is takes her on the weekends.... Sometimes. She's lucky if he even comes picks her up. He's a deadbeat that puts two other kids before his own flesh and blood. So I don't see where he gets off wanting or even being allowed to be able to claim her.

 

[Chelle0511]

The joint custody and me as the primary caregiver are final. Its been awarded. He was also ordered to pay CS and he hasn't. He is 8 months behind, he does nothing for her so why should he be able to claim her? All he does is takes her on the weekends.... Sometimes. She's lucky if he even comes picks her up. He's a deadbeat that puts two other kids before his own flesh and blood. So I don't see where he gets off wanting or even being allowed to be able to claim her.

My fiance' pays CS and has his child every other weekend and holdiays, no custody. He gets to claim his daughter every year. His ex's attorney (legal aid) asked that she get it and the judge said "no", she asked for every other year and the judge said "no". My ex didn't have an attorney for the divorce since it was simple, didn't ask for the exemption and the judge gave it to him. The divorse agreement states that he gets to claim her yearly if he is current on CS by December 31st. So, unless it is stated in the agreement it is first come first serve I presume, not sure you will have to check into it.

 

[sirxamiel]

My fiance' pays CS and has his child every other weekend and holdiays, no custody. He gets to claim his daughter every year. His ex's attorney (legal aid) asked that she get it and the judge said "no", she asked for every other year and the judge said "no". My ex didn't have an attorney for the divorce since it was simple, didn't ask for the exemption and the judge gave it to him. The divorse agreement states that he gets to claim her yearly if he is current on CS by December 31st. So, unless it is stated in the agreement it is first come first serve I presume, not sure you will have to check into it.

I pay child support as well, an the IRS told me that unless I had the child living with me and I had Primary custody, then I couldnt claim her on my taxes. I could get fined for doing that. So I cant. You cannot claim anyone on taxes just becasuse you pay child support. It doesnt work that way. If you really need to know, call the IRS. They will tell you.

 

[Chelle0511]

I pay child support as well, an the IRS told me that unless I had the child living with me and I had Primary custody, then I couldnt claim her on my taxes. I could get fined for doing that. So I cant. You cannot claim anyone on taxes just becasuse you pay child support. It doesnt work that way. If you really need to know, call the IRS. They will tell you.

That is NOT true!! The only way that they can fine you is if it is court ordered that someone else can claim the child as a dependent. They do however have to live with you at least 6 months out of the year in order to claim earned income credit. If it is not stated in the divorce agreement as to who may claim the child then it is open game.

 

[haiku]

If the COURT ORDER gives the NCP the right to claim the child, it does not matter what the IRS says. The NCP gets the deduction.

To the OP,if you have not finalized the financial aspects of your divorce, one thing you need to know is if you are unable to get the deduction whether he gets it every year or every other, make sure it says he MUST BE CURRENT with his support before you sign the dotted line. If it does not do not sign it until it does.

Also to get a deduction for the NCP, the CP must sign IRS form 8332 found here-www.irs.gov If he is not current you don't sign that year and you get the deduction.

Some states use the deduction as an incentive to keep an NCP current.

remember CP's get a financial credit for having the child when support is set. you must make a certain amount of money for the deduction to be "worth it to you". And a cp still qualifies for head of Household, EIC, and child care credits without the deduction.

 

[Chelle0511]

If the COURT ORDER gives the NCP the right to claim the child, it does not matter what the IRS says. The NCP gets the deduction.

To the OP,if you have not finalized the financial aspects of your divorce, one thing you need to know is if you are unable to get the deduction whether he gets it every year or every other, make sure it says he MUST BE CURRENT with his support before you sign the dotted line. If it does not do not sign it until it does.

Also to get a deduction for the NCP, the CP must sign IRS form 8332 found here-www.irs.gov If he is not current you don't sign that year and you get the deduction.
~The CP has never had to sign for my fiance'. The accountant that we work with has never mentioned anything like this. I'll have to check that out.

Some states use the deduction as an incentive to keep an NCP current.

remember CP's get a financial credit for having the child when support is set. you must make a certain amount of money for the deduction to be "worth it to you". And a cp still qualifies for head of Household, EIC, and child care credits without the deduction.

~Child care credits do not benefit you unless you have to pay in money.

 

[Whyte Noise]

Also to get a deduction for the NCP, the CP must sign IRS form 8332 found here-www.irs.gov If he is not current you don't sign that year and you get the deduction.

Haiku, if there is a court order stating that the NCP can claim the child with no restrictions (such as being current on CS), then no Form 8332 is needed. You attach a copy of the cover page, signature page (with both parent's signature on it) and the page that states the NCP can claim the deduction. If you have that, then the CP doesn't need to sign a Form 8332.

That is also on the IRS website....

http://www.irs.gov/pub/irs-pdf/p501.pdf

"Divorce decree or separation agreement made after 1984.

If your divorce decree or separation agreement was executed after 1984,
the noncustodial parent does not have to attach Form 8332 if both of the following requirements are met.

1. The decree or agreement is signed by the custodial parent and states all of the following.

a. The custodial parent will not claim the child as a dependent for the year.
b. The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
c. The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent.

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

a. The cover page (write the other parent's social security number on this page).
b. The pages that contain the information shown in item (1).
c. The signature page with the other parent's signature and the date of the agreement."


Only if it's not listed in the decree does a Form 8332 have to be obtained. My ex and I have done this every tax year since 2000. Neither of us have used Form 8332 because our decree says who claims which child(ren) in what years. He claims 2 every year, I claim one every year.

Edit to add: What I just copied and pasted above starts on page 15 of Publication 501 (at the link above) under "Support Test for Child of Divorced or Separated Parents"

 

[haiku]

Haiku, if there is a court order stating that the NCP can claim the child with no restrictions (such as being current on CS), then no Form 8332 is needed. You attach a copy of the cover page, signature page (with both parent's signature on it) and the page that states the NCP can claim the deduction. If you have that, then the CP doesn't need to sign a Form 8332.

That is also on the IRS website....

http://www.irs.gov/pub/irs-pdf/p501.pdf

"Divorce decree or separation agreement made after 1984.

If your divorce decree or separation agreement was executed after 1984,
the noncustodial parent does not have to attach Form 8332 if both of the following requirements are met.

1. The decree or agreement is signed by the custodial parent and states all of the following.

a. The custodial parent will not claim the child as a dependent for the year.
b. The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
c. The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent.

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

a. The cover page (write the other parent's social security number on this page).
b. The pages that contain the information shown in item (1).
c. The signature page with the other parent's signature and the date of the agreement."


Only if it's not listed in the decree does a Form 8332 have to be obtained. My ex and I have done this every tax year since 2000. Neither of us have used Form 8332 because our decree says who claims which child(ren) in what years. He claims 2 every year, I claim one every year.

Edit to add: What I just copied and pasted above starts on page 15 of Publication 501 (at the link above) under "Support Test for Child of Divorced or Separated Parents"

Hey, thanks for the heads up! (cuz this also helps me with a personal headache of my own LOL)

 

[LdiJ]

The key is the custodial parent's signature on the order. The IRS considers that to be voluntary, just like signing the form 8332 is...therefore its ok. However if the other parent's signature isn't there (because it wasn't an agreement but ordered by a judge...it gets stickier).

However if no mention of taxes is made in the custody orders, then only the custodial parent can claim the child absent a form 8332.

 

[djohnson]

Keep in mind the OP is talking about joint custody and her have physical. If joint custody , and child is in the care equal amounts of time and it's not set out in the custody or divorce order, it's first come first serve.