Question about taxes and CS

KTdidit

So BD messaged me yesterday saying that they lowered the number of children you can claim to 2. And that even though it's his year to claim DS, he said I could claim him as long as I put it toward the amount he is in arrears. We had discussed this briefly a few months ago when I again reminded him that he is behind and needs to start paying. He basically told me that he had no intention to pay weekly like he was ordered Has anyone else's BD/BM suggested this? If I claim DS could anything happen to me if I don't tell the clerks office to give him credit for the difference is be getting? Is that even possible to do? I can understand how it's kind of him giving me the extra thousand or so. Might be a little childish and evil, i admit. What would BFdo?

karatechrissy

I just google searched, and an article written 1/13/13 stated there is no limitation to how many children can be claimed by a parent and all still receive the tax credit as long as certain criteria are met. Child must be under 17 when end of yr hit, can't be claimed by anyone else etc.... Could there be another reason he wants you to claim? Will you get your yr next year, since he is forfeiting this yr or does he expect this to be a swap where he will claim next yr?

CFjo2010

karatechrissy:

I just google searched, and an article written 1/13/13 stated there is no limitation to how many children can be claimed by a parent and all still receive the tax credit as long as certain criteria are met. Child must be under 17 when end of yr hit, can't be claimed by anyone else etc.... Could there be another reason he wants you to claim? Will you get your yr next year, since he is forfeiting this yr or does he expect this to be a swap where he will claim next yr?

Kinda sounds like maybe he's hoping you'll put that thousand dollars towards his arrears and you won't want the remainder of his tax return.

When the NCP has CS arrearages, the State will intercept the tax return. Do you have the local CA agency handling your case?

lookame3639

If he is in arrears for more than 2 weeks of child support then legally you are allowed to claim him. At least this is what I was told. He is not in substantialcompliance with his support order.

SimpleJane

I wouldnt do it. I dont think there is actually a limit in kids you can claim. That sounds fishy. If he is in arrears, you will get his tax money anyways, as long as you've reported it. Also, like PP said, I think if he is far enough behind in CS you can claim the child anyways, and you would not be under obligation to put that money toward what he owes you. Talk to a tax professional, are what they say about the two child limit he is telling you about, and see if you are within rights to claim the child because his dad is behind in support.

Collski:-)

"The child tax credit is gradually reduced based on income levels"

I googled this

+just+j+

This is what I found: 

The Child Tax Credit was Scheduled to Drop in 2013

As part of the Obama tax cut deal reached with Republicans, the previous Bush tax cuts that raised the Child Tax Credit to $1,000 from $500 were extended through 2011 and 2012.

Without further extension, the child tax credit was set to drop back down to $500 in 2013.

However, with the fiscal cliff deal, the $1,000 tax credit was extended for at least the next 5 years.

What is the Child Tax Credit?

For those looking for a little more background, the Child Tax Credit allows you to claim a maximum $1,000 per qualified child.

This is a non-refundable income tax credit, meaning that if your credit exceeds your income tax liability, then you won?t get a check for the difference.

ambrvan

As PPs said, you will get his tax money if he is in arreats, not justbthe amount of child tax credit. You will get all or enough of his refund to cover arrears, whichever it meets first.

Could it be that he has not worked a tax paying job this year and is not going to file? If that were the case, he could be offering this to you in hopes that you won't realize his job situation or that he isn't filing taxes when you don't get his return.

Just a thought. Not sure if it would be applicable to you. But this does sound fishy. I would tell him to file as usual, that whatever he gets in return would be automatically put towards arrears anyway. I would actually tell him this just so that he knows you aren't stupid. And so you don't gey caught up in anything where he later claims you violates your CO by claiming child on his year.

Nineoceans

Not possible to put that to arrears from my understanding. CSEA wants their 10 percent so they're not going to let you go around the system like that.

The only way you can resolve arrears is through a court order pr by obviously paying towards through CSEA in my county.

He should just claim him and then write a fat check to CSEA ; that's a winky face if mobile doesn't show it

jenjen930

In our state the cs must go through the state for him to get credit. So it wouldn't count towards his arrears anyway. And if he is behind they will intercept his refund. If it is his turn to claim it would probably be easier for him to do so and have it be intercepted because then you will get the money and he will get the credit. Then you won't have trouble claiming next year.

supermansmommy

+just+j+:

This is what I found: 

The Child Tax Credit was Scheduled to Drop in 2013

As part of the Obama tax cut deal reached with Republicans, the previous Bush tax cuts that raised the Child Tax Credit to $1,000 from $500 were extended through 2011 and 2012.

Without further extension, the child tax credit was set to drop back down to $500 in 2013.

However, with the fiscal cliff deal, the $1,000 tax credit was extended for at least the next 5 years.

What is the Child Tax Credit?

For those looking for a little more background, the Child Tax Credit allows you to claim a maximum $1,000 per qualified child.

This is a non-refundable income tax credit, meaning that if your credit exceeds your income tax liability, then you won?t get a check for the difference.

 

Just to clarify, this applies to 2013 taxes, which will be the tax return you file early in 2014. These cuts do not apply to the return you will file in the next month or so.

KTdidit

Thanks everyone. I'm sure that he wants me to claim DS so that he won't have his whole tax return taken from him, he has a new baby and I'm sure he will be claiming as many of his GF's kids as possible since she doesn't work. And she is probably throwing a fit about that.

As for getting his tax return, I thought that was automatic if he was in arrears, but it didn't happen last year. I filed paperwork to go to court but it came back as the local court gave me the wrong packet to fill out. So I have no idea if they will be withholding anything from him this year. He may not even file taxes at all, I have no idea. And no, he doesn't seem to want to switch years claiming DS, I would still get to claim him next year.

I did claim DS and electronically file, the difference in my refund was more than the $1,000 Child Tax Credit anyway. I responded and told him I would look into it, I actually have to return a phone call from a possible attorney today so he may have some info about it.