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child support and welfare

ex wants to claim 1 of our kids on tax return. he says i get that money back cause he owes me. although on my payment history i have never gotten any tax return money from him. although i owe the state for assistance that i got while he wasn't pay any CS. so state has been taking 1/2 of CS for the past few yrs to repay that. thing is i should of been told that the tax money went to them & not me since i am the other party involved, am i wrong? is my ex lying about them taking the money from him. he says he gets a ltr saying that. i would ask for copy but doubt he would give me it. i would rather claim my son so i can get the earned income child tax credit since it appears he is i'm not getting the money. how can i find out if he is telling me the truth, i called CS & they said they can't tell me. is it the IRS? would they tell me if they took his money to pay the state in regards to my CS payments?

 
melody77

Asked by melody77 at 6:20 PM on Jan. 8, 2009 in Money & Work

Level 18 (5,435 Credits)
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Answers (12)
  • The IRS will not give you any information about someone else's return (one that you are not listed on as a spouse or a dependent.) As far as the Ex being able to claim the child, 1) that will depend on whether the divorce decree gives him that right. I often advise divorcing couples to switch off every other year (but only if the father continues to pay child support and keeps it up to date. Otherwise I would have it written in that the father cannot claim the child.) Ok, so that aside, if that's not the defining factor, he can only claim the child if you agree to let him, and you only have to let him if he has the child at least 51% of the time.
    lifeasinoit

    Answer by lifeasinoit at 10:39 PM on Jan. 8, 2009

  • Something is terribly wrong here. When you say assistance that you got when he didn't pay CS, what do you mean? I think he may be lying. If you recieved Medicaid or food stamps, or a monthly check-stuff like that from the state, I don't think you pay that back. In my opinion, whoever the child lives with, the parent who takes care of him on a daily basis, is the one who deserves to claim him on tax return. If the state has been keeping money from you, I think you would have been notified. I'd get on the phone and investigate this.
    hw1977

    Answer by hw1977 at 6:27 PM on Jan. 8, 2009

  • There would definately be records if his income tax refund was taken for repayment. However, is it possible he's just wording it wrong and trying to say that any tax refund he gets will fund your child support payment?
    Anonymous

    Answer by Anonymous at 6:30 PM on Jan. 8, 2009

  • what i mean is i got money for a few yrs so they are entitled to get the cash back. which is fine but who is getting the tax money from his return? something is wrong here but i don't know where to begin. the state is owed 15k while i'm owed 40k from back child support.
    melody77

    Answer by melody77 at 6:31 PM on Jan. 8, 2009

  • i don't see any big amounts of money made to the online CS payment history and they did so with my daughter that is with another ex and they took his back CS and paid me. it should show his 2 right?
    melody77

    Answer by melody77 at 6:33 PM on Jan. 8, 2009

  • Yes. If you get assistance then the father has to pay that back and the state will collect it from him
    Anonymous

    Answer by Anonymous at 6:36 PM on Jan. 8, 2009

  • This is really mixed up i would maybe talk to a lawer that might be the place to start it sounds like ur ex isnt being honast and some other things dont make sence to me either!! Thats what i would do good luck!!
    scaredmommy08

    Answer by scaredmommy08 at 6:38 PM on Jan. 8, 2009

  • i just talked with my ex and he says that he has not received any tax returns that he either owes or he doesn't depending on whether he claims our one son or not but either way they take his money and yet it doesn't reflect anywhere on the states payments made to them when i asked for an administrative review when i saw they were taking half my CS amount. they only show what they have been taking from me but nothing of what they get from the tax return. he doesn't get what has been paid to the state from his tax return although that amount should match what his tax return comes out to and it doesn't match with the numbers i get when they send my quarterly statements. something is seriously wrong here...isn't it.
    melody77

    Answer by melody77 at 7:48 PM on Jan. 8, 2009

  • Every state is different but as long as he owes the state money in my state they take his income tax. Once he doesn't owe them but still has money owed to you then the money will start to come to you.

    I get my son's father income tax every year. It's a wonderful thing to. He doesn't get to claim my child because I have him 24 hours a day. He only pays child support.

    So basically thats the way the cookie crumbles.
    Anonymous

    Answer by Anonymous at 9:51 PM on Jan. 8, 2009

  • continued...Otherwise, its your total right to claim the child. If I understand by what your saying, it sounds like he wants to claim the child to get the stimulus package, and also the personal exemption, BUT at the same time, the IRS keeps any refund he gets for the back child support, so where would the benefit be? The IRS is getting very sticky this year and is planning on auditing returns with EIC and suspicious claims of dependency. As a tax preparer I am required by the IRS to ask many questions to determine who has the final right to claim a child (in the case of divorce or never married parents.)
    lifeasinoit

    Answer by lifeasinoit at 10:40 PM on Jan. 8, 2009

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