Community› The Bump Message Boards› Blended Families
Blended Families
New Discussion

Tax question

blondii428blondii428 member
in Blended Families
A few weeks ago my SD came to live with us full time because her mother is so unstable and has a mess of problems going on. She then filed with the court to get her full time and allow my DH to have her every other weekend. My DH got an attorney and countered it. Once she got the papers from his attorney she knew she would lose, and asked my DH if they could make an agreement outside of court. His attorney is going to write up the agreement that they came to and file it with the court. They decided that SD will primarily live with us and that BM will have her every other weekend. How does that work for taxes? BM said she wants to claim her every other year, but to me that doesn't seem fair since she primarily lives with us and we will be providing her health insurance, most of her clothes, meals and school expenses. He agreed to not go after her for child support and she agreed to not go after back child support for the first four years of her life that she primarily lived with BM. Anyone know how that typically works?

Also since I just though about this question, anything else you ladies see that I'm missing that may need to be discussed and worked into the agreement?

  photo b2867ff1-04fd-412f-991f-a3e09638ec0f_zps4503f4a7.jpg 

image

Report Reply to Post

Re: Tax question

  • bebe11bebe11 member
    I had it written in my agreement (we did it out of court also), that I claim my DD every year. I think from a legal standpoint if one parent has the child more than 50% of the time they can claim the child every year, unless you agree to trade off years. My H trades off year with BM1, but with BM2 we never claim her - he has less than 50% time with both kids.

     

    Report Reply
  • Loading the player...
  • 10-4LilBuddy10-4LilBuddy member
    Per the IRS guidelines, the parent who has primary custody is the parent who can claim the child.  However, I would write it into the agreement that you are writing so there is no confusion. 
    Warning No formatter is installed for the format bbhtml
    Report Reply
  • PamelacakePamelacake member

    I would think in that situation it would need to be specified in the agreement. I would ask your attorney and if so have him/her amend it if you want.

    DH is still trying to figure out who claimed 6yo SD on their taxes as every time she was added onto his she was kicked right back off in the computer system.

    BabyFruit Ticker

                                                       

       Lilypie Angel and Memorial tickers                            

     

    My Loves= SD 18 SS 16 SS13 DD13 DS10 SD6 SD5 

    Report Reply
  • CatzenfoxCatzenfox

    IRS facts link: https://www.irs.gov/uac/Ten-Facts-about-the-Child-Tax-Credit 

    Put it in writing so there will be no confusion. If the childs BM ever does claim your SD outside of your agreement, you and your husband will need to submit your taxes manually to the IRS. The IRS will then force the BM to retract her taxes submitted for that tax year...and fine her appropriately. 

    Man I love the law! 

    Report Reply
  • AmeliaKrisAmeliaKris member
    We have it in the divorce settlement that DH claims all the kids every year. It was easier to get money that way than child support. She hasn't paid in 2 years...I'm so glad DH had it written that way.
    BabyFruit Ticker Lilypie Angel and Memorial tickers
    Report Reply
  • KTdiditKTdidit member
    Or divorce decree stated that BD and I switch off claiming DS every other year. This year was his year to claim DS, but my lawyer told me that in order for the NCP to claim LO on taxes they have to be current on child support. BD is not so I was able to claim DS this year, too. I wish that I was smarter when we got divorced and hadn't agreed to every other year, though.
    BabyFetus Ticker


    image
    Report Reply
This discussion has been closed.
Choose Another Board
Search Boards
"
"