I'm pretty sure the divorce decree overrules the IRS rules - if both parties claim a child, the one who has the right according to the decree will get the credits.
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I'm pretty sure the divorce decree overrules the IRS rules - if both parties claim a child, the one who has the right according to the decree will get the credits.
I was going to ask about this... since my ex and I were never married do we figure this out ourselves or does the IRS have rules?
The IRS doesn't have rules in regards to claiming e/o year BUT if you lived together more than half the year (whether or not he paid, didn't pay, didn't pay enough) and if you both claim lo and he makes more, he will get the deduction. It's called the tie breaker rule. I didn't know this existed (DB did) and used it against me. I had to pay back $1900 last year. I wasn't a happy momma.
In my bag d90 50mm f/1.2 * 28-85mm (Macro) f/3.5-4.5 * 70-300mm f/3.5-4.5 Opteka Fisheye Adapter * Lightscoop
FAMILY COURT OVERRULES THE IRS GUIDELINES! just a heads up- i met all the qualifications listed, my x met none, and he was still awared e/o year to claim the baby as long as he is up to date on support.
Girlfriend has another son besides mine and she asked me to look into the possability of claiming both her and her son. She has full custody of her son and here's what HR Block stated. Legally I can Claim her and her son on my taxes. But what I cannot do is claim Earned Income Credit towards her son since I am biologically not his father.
Ex claiming the child without the mother signing off on the form legally could put him into hot water with the IRS no matter what the courts have decreed as part of the divorce agreement because that form should have been there right from the get go and based on IRS laws child must be there more than 50% of the time to be claimed.
SO if you want to be a pain on it. Let him claim the child but tell him he can't claim Earned Income based off of Tax laws. If he has complaints let him hash them out with the IRS and if he tries the Earned Income Credit Route then he could face jail time for Tax Fraud.
Girlfriend has another son besides mine and she asked me to look into the possability of claiming both her and her son. She has full custody of her son and here's what HR Block stated. Legally I can Claim her and her son on my taxes. But what I cannot do is claim Earned Income Credit towards her son since I am biologically not his father.
Ex claiming the child without the mother signing off on the form legally could put him into hot water with the IRS no matter what the courts have decreed as part of the divorce agreement because that form should have been there right from the get go and based on IRS laws child must be there more than 50% of the time to be claimed.
SO if you want to be a pain on it. Let him claim the child but tell him he can't claim Earned Income based off of Tax laws. If he has complaints let him hash them out with the IRS and if he tries the Earned Income Credit Route then he could face jail time for Tax Fraud.
Right - divorce decree is basically for dependency exemption and child tax credit only. EIC and Dependent Care Credit can still be claimed by custodial parent even if they have to give up the dependency exemption.
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Holy cow, I just found this in my property settlement agreement:
The award of any such income tax dependency exemption for one
(1) of the parties? minor children to the husband is subject to a condition precedent that the
husband is current in his child support obligation to the wife through December 31 in the year to which the
exemption applies. In the event that the wife is entitled to such an income tax dependency
exemption as described above, the husband shall execute a Form 8332, or any similar Internal Revenue
Service form permitting for the transfer of such income tax dependency exemption. Neither party shall
claim an income tax dependency exemption to which they are not
entitled.
I guess that settles my tax issues!
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Many people do e/o year.. including me. I also don't think it's fair, but I was told by a judge that it is what PA will mandate unless some problem arises.
It sucks, but unless your BD is a true DB, get over it.
EA: The "get over it" is not directed towards the OP. I have just been hearing too many people complain about this situation, and unless you have a true DB (which I know many of the women on here indeed do have) there's nothing we can do about it.
Re: XP-- tax people claiming child e/o year
I'm pretty sure the divorce decree overrules the IRS rules - if both parties claim a child, the one who has the right according to the decree will get the credits.
The IRS doesn't have rules in regards to claiming e/o year BUT if you lived together more than half the year (whether or not he paid, didn't pay, didn't pay enough) and if you both claim lo and he makes more, he will get the deduction. It's called the tie breaker rule. I didn't know this existed (DB did) and used it against me. I had to pay back $1900 last year. I wasn't a happy momma.
In my bag
d90
50mm f/1.2 * 28-85mm (Macro) f/3.5-4.5 * 70-300mm f/3.5-4.5
Opteka Fisheye Adapter * Lightscoop
FAMILY COURT OVERRULES THE IRS GUIDELINES! just a heads up- i met all the qualifications listed, my x met none, and he was still awared e/o year to claim the baby as long as he is up to date on support.
Girlfriend has another son besides mine and she asked me to look into the possability of claiming both her and her son. She has full custody of her son and here's what HR Block stated. Legally I can Claim her and her son on my taxes. But what I cannot do is claim Earned Income Credit towards her son since I am biologically not his father.
Ex claiming the child without the mother signing off on the form legally could put him into hot water with the IRS no matter what the courts have decreed as part of the divorce agreement because that form should have been there right from the get go and based on IRS laws child must be there more than 50% of the time to be claimed.
SO if you want to be a pain on it. Let him claim the child but tell him he can't claim Earned Income based off of Tax laws. If he has complaints let him hash them out with the IRS and if he tries the Earned Income Credit Route then he could face jail time for Tax Fraud.
Right - divorce decree is basically for dependency exemption and child tax credit only. EIC and Dependent Care Credit can still be claimed by custodial parent even if they have to give up the dependency exemption.
Holy cow, I just found this in my property settlement agreement:
The award of any such income tax dependency exemption for one (1) of the parties? minor children to the husband is subject to a condition precedent that the husband is current in his child support obligation to the wife through December 31 in the year to which the exemption applies. In the event that the wife is entitled to such an income tax dependency exemption as described above, the husband shall execute a Form 8332, or any similar Internal Revenue Service form permitting for the transfer of such income tax dependency exemption. Neither party shall claim an income tax dependency exemption to which they are not entitled.
I guess that settles my tax issues!
The divorce decree is what you have to go by.
Many people do e/o year.. including me. I also don't think it's fair, but I was told by a judge that it is what PA will mandate unless some problem arises.
It sucks, but unless your BD is a true DB, get over it.
EA: The "get over it" is not directed towards the OP. I have just been hearing too many people complain about this situation, and unless you have a true DB (which I know many of the women on here indeed do have) there's nothing we can do about it.