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Blended Families
BD called and wants tax credit
Soooo, BD called tonight to let me know he was going to start paying me a better amount of child support. We have been getting $35 a month if we're lucky but I never complained because he rarely speaks to dd and makes no attempt to arrange to see her, and my DH has been an amazing father figure to her. A few days ago I received a child support payment of $150 which was a nice surprise. So he called tonight to let me know that he heard he should be able to claim dd on taxes every other year and he plans on doing that this year since he hasnt filed income taxes for the last 3 years.
I am so annoyed! He makes no attempt to see her, hardly calls, and pays $35 sometimes in child support and now he's decided all the sudden that he's going to start paying so he somehow deserves the tax credit? Why should he get the tax credit for donating his sperm and paying $35 every now and then? The way I see it is if he wants to reap the benefits of parenthood he should start with the best benefit of all, spending time with his amazing daughter.
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Re: BD called and wants tax credit
What does the parenting plan state?
For us, as per the parenting plan, BM has to pay child support for both SS and SD, if she wants to claim tax credit on SS.(she only has to pay the state min. of $25 per child).
She won't even do that so she does not get to claim credit, even though she visits every other weekend, and buys stuff sometimes.
My parenting plan states that BD has to be up to date on child support by Dec. 31 of the year to claim her on his year. Check your parentig plan. Sporadic $35 sporadically doesn't sounf up to date but you never know.
Unless otherwise stated I thought a parent had to contribute more then 50% of a child's expenses to be able to claim them for the year. I know some have other arrangements on alternating years and such. I'd check into that and let him know it ain't going to fly.
My BM tried to claim me one year when I was in college. Um, no dear your $70 a month does not constitute more then 50% of my expenses. My dad and her both got notice from the IRS that my SSN was flagged as appearing on both of their claims that year. (Or rather that the SSN was claimed on more than one, but you can follow the conclusion). She must have revised her's because my dad's lawyer and tax guy followed up and there was nothing else he needed to do.
I've heard others having issues with rights falling to the first parent to file taxes. So I'd check into it more, ask a professional if you have a tax person you use.
Ditto Mrs HK. We were going to claim SD last year and couldn't because someone already had - we thought BM did, but it was SD. Now because of the electronic application, you know right away.
I'd check your CS plan, if it says nothing, check IRS's rules on this (I highly recommend and accountant) and I'd make it clear to him that he does not have legal grounds to do so and you will report him to the IRS if he does - for falsely claming your child, and for not filing in the last three years. That'll shut him up. And if he gets mad, tell him, "If you don't like the plan, then take me to court". Call his bluff.
Then I would have my ducks and paperwork ready to go and file the first moment you can. More than likely he has no idea that if you file first, he won't be able to claim SS. And he doesn't exactly sound like someone who's on his game. He will probably wait until April 15th to file.
There are new laws that went into effect regarding this situation. It is called Form 8332 here is the link https://www.irs.gov/pub/irs-pdf/f8332.pdf
It involves the custodial parent signing a waiver, and gives explicit details on how the non custodial parent may be eligible. Check it out, definitely worth your time, and according to the rules, he does NOT qualify at this time to claim DD.