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Claiming at tax time in NY

Posted by on Feb. 6, 2013 at 9:53 AM
  • 21 Replies

Wondering if anyone else has gone or is in this situation??

When my Fiance and his ex-wife divorced in 2011 they made an agreement in writing saying that they would take turns claiming their daughter at tax time. Last year the mother claimed her. My Fiance went to get his taxes done and of course claimed his daughter, and the tax person said, " Your ex-wife already claimed your daughter".

So he went to his lawyer and let her know about the written agreement when they divorced and he also told the tax person. They advised him to talk to the IRS that it was out of their hands. The IRS informed my Fiance that in 2009 the law changed and what ever parent had more time with child would be eligible to claim her. Well they have joint custody. Next  step is the parent who made the most in that year would claim her. And the ex does have a choice to fill out the form so that the father can get the tax return. Instead she said, "too bad"

 

My Fiance lost his job in Sept. so he is sure that she made more money. So just wondering if there are any moms out there that have joint custody that have been through this and how is this fair? My Fiance is so distraught he doesn't have a job and he was relying on that money.


by on Feb. 6, 2013 at 9:53 AM
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Replies (1-10):
Birdseed
by Platinum Member on Feb. 6, 2013 at 10:11 AM

We did have a problem with BM claiming both kids when she was only supposed to claim one, but it was easily resolved and the divorce decree was well prior to 2009 so we had no issues there.  This isn't a state thing, it's a federal thing.

About the only paths forward I can see for your fiance would be to A) contact ex and see if she will honor their agreement and file an ammended return (easy to do online) B) contact an attorney and see what the other options may be.

It would probably be wise of them to have a formal CO that is legally binding to avoid issues in the future (well beyond tax ones.)

It's really not wise to "count on" a tax return though.  I feel for the guy.  But maybe this next year, around July, he should look into doing the W-4 worksheet to see how he can modify it so that he's only paying in as much as he needs to.


MISSYB01
by on Feb. 6, 2013 at 10:32 AM


What is a CO again?

Quoting Birdseed:

We did have a problem with BM claiming both kids when she was only supposed to claim one, but it was easily resolved and the divorce decree was well prior to 2009 so we had no issues there.  This isn't a state thing, it's a federal thing.

About the only paths forward I can see for your fiance would be to A) contact ex and see if she will honor their agreement and file an ammended return (easy to do online) B) contact an attorney and see what the other options may be.

It would probably be wise of them to have a formal CO that is legally binding to avoid issues in the future (well beyond tax ones.)

It's really not wise to "count on" a tax return though.  I feel for the guy.  But maybe this next year, around July, he should look into doing the W-4 worksheet to see how he can modify it so that he's only paying in as much as he needs to.




whatIknownow
by Emerald Member on Feb. 6, 2013 at 11:08 AM

Was it a written agreement, or was it a court order signed by a judge?

if there is no CO, I'm afraid your boyfriend is probably out of luck. The IRS doesn't care about your agreements.

GlockMom
by Platinum Member on Feb. 6, 2013 at 11:42 AM

How long has he been out of work?  Is he paying CS?  By they have joint custody what percentage of time do you mean he has? 

kela22
by on Feb. 6, 2013 at 12:23 PM
CO=court order

And to your question of how is that fair, yeah that's a good one you can rack your brain over and over to try to figure out the fairness involved when it comes to topics of child custody regulations - basically a lot of it just isn't fair plain and simple it is what it is.
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macbudsmom
by Silver Member on Feb. 6, 2013 at 12:48 PM

I thought it wasn't by the amount of income you made, but by whom paid more for the child's rearing...?

GlockMom
by Platinum Member on Feb. 6, 2013 at 12:58 PM



Quoting macbudsmom:

I thought it wasn't by the amount of income you made, but by whom paid more for the child's rearing...?


If the parents have 50/50, the parent who earns more gets to claim them.  In case of equally shared time the income earned is the final decision maker.

macbudsmom
by Silver Member on Feb. 6, 2013 at 1:04 PM

That doesn't seem fair... just because one parent earns more doesn't mean said parent ia spending more on the child.  Frustrating.


Quoting GlockMom:



Quoting macbudsmom:

I thought it wasn't by the amount of income you made, but by whom paid more for the child's rearing...?


If the parents have 50/50, the parent who earns more gets to claim them.  In case of equally shared time the income earned is the final decision maker.



kellynh
by Kelly on Feb. 6, 2013 at 1:32 PM

You need #1 a CO 

and 

#2 Have Tax Form 8332 with you to be signed at court if judge agrees

GlockMom
by Platinum Member on Feb. 6, 2013 at 3:06 PM



Quoting macbudsmom:

That doesn't seem fair... just because one parent earns more doesn't mean said parent ia spending more on the child.  Frustrating.


Quoting GlockMom:



Quoting macbudsmom:

I thought it wasn't by the amount of income you made, but by whom paid more for the child's rearing...?


If the parents have 50/50, the parent who earns more gets to claim them.  In case of equally shared time the income earned is the final decision maker.



OP hasn't answered any of my previous questions on how long he has been out of work, how much he has the child, if he pays CS.  Those questions are very pertinent in determining how fair it is of BF to expect to claim the child.  If BM is working, has done the lion's share of supporting the child because BF is out of work and gets little to no CS it is VERY fair the higher income earner get to claim the child on taxes.


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