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Tax question....

Posted by on Nov. 10, 2013 at 6:25 PM
  • 40 Replies
We didn't change the tax filing years on the co when custody changed. Dh claims odd years, bm claims even.


Is it fair to ask that Dh claims ss every year? He's custodial parent and bm doesn't pay child support
by on Nov. 10, 2013 at 6:25 PM
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Replies (1-10):
soonergirl980
by Gold Member on Nov. 10, 2013 at 6:30 PM

Never hurts to ask I just wouldn't expect something.

dawnnamarie
by Silver Member on Nov. 10, 2013 at 6:32 PM
We were just thinking about it because bm technically doesn't have a job. She works for her dad and he pays her cash.... Idk if she can even still file taxes if she doesn't pay them.

Quoting soonergirl980:

Never hurts to ask I just wouldn't expect something.

Leigh84
by Silver Member on Nov. 10, 2013 at 6:36 PM
1 mom liked this
That's how we do it. DH's co says he claims the kids every year on his taxes. Back in March the kids started goin to BMs EOW and she asked if he would let her claim them on her taxes. He told her no b/c even tho she has them half the time he pays for all the kids bills, ins premiums, and extras. So he told her he was still going to claim the kids (per the co anyway) and she didn't say anything else about it. So yeah in your sitch I think it would be ok for your DH to ask to claim SS since she doesn't pay cs.
LyndaLoo78
by Skeletor on Nov. 10, 2013 at 6:57 PM
1 mom liked this
Until there is a new CO modifying the current situation related to tax filing and claiming, you are legally obligated to abide by the current CO.
Birdseed
by Platinum Member on Nov. 10, 2013 at 7:47 PM

All about the CO. It's not about what is fair...it's about what the contract says.

dawnnamarie
by Silver Member on Nov. 10, 2013 at 9:16 PM
We didn't even think about changing that part when everything else was getting swapped around =/

It's just fair for Dh to claim him.


Quoting Leigh84:

That's how we do it. DH's co says he claims the kids every year on his taxes. Back in March the kids started goin to BMs EOW and she asked if he would let her claim them on her taxes. He told her no b/c even tho she has them half the time he pays for all the kids bills, ins premiums, and extras. So he told her he was still going to claim the kids (per the co anyway) and she didn't say anything else about it. So yeah in your sitch I think it would be ok for your DH to ask to claim SS since she doesn't pay cs.
dawnnamarie
by Silver Member on Nov. 10, 2013 at 9:17 PM
We're set to go back to court before tax time, though. We were just curious what the norm usually was in that situation :)

Quoting LyndaLoo78:

Until there is a new CO modifying the current situation related to tax filing and claiming, you are legally obligated to abide by the current CO.
dawnnamarie
by Silver Member on Nov. 10, 2013 at 9:18 PM
Guess we'll have to add the tax claiming business to what Dh is asking to be changed =/

Quoting Birdseed:

All about the CO. It's not about what is fair...it's about what the contract says.

momager2two
by Member on Nov. 10, 2013 at 9:22 PM
I talked to turbo tax about this the other day. Legally there is a form, i cant remember what it is though, that both parties are required to sign in your situation. It states who is filing for the child as the irs does NOT default to co's anymore. Per the irs, if both parties file for the child the one with higher income will get the deduction.

I have asked turbo tax and the irs about it because my ex hasnt filed taxes in over 2 yrs. He has a hold on his taxes to go to me for back cs.

If you do ask her so modify it, make sure it is in writing and notorized. If possible, try and go through mediation to get that modified permanently to the order, provided bm agrees to it. I have told my ex in the past if he lets me claim her on his years i wil take what extra i get and tell the state to deduct it from his back support due.
dawnnamarie
by Silver Member on Nov. 10, 2013 at 9:30 PM
Ok, thanks for the info!! We're working on completely modifying the entire CO, so we'll have to ask to have that changed

Quoting momager2two:

I talked to turbo tax about this the other day. Legally there is a form, i cant remember what it is though, that both parties are required to sign in your situation. It states who is filing for the child as the irs does NOT default to co's anymore. Per the irs, if both parties file for the child the one with higher income will get the deduction.



I have asked turbo tax and the irs about it because my ex hasnt filed taxes in over 2 yrs. He has a hold on his taxes to go to me for back cs.



If you do ask her so modify it, make sure it is in writing and notorized. If possible, try and go through mediation to get that modified permanently to the order, provided bm agrees to it. I have told my ex in the past if he lets me claim her on his years i wil take what extra i get and tell the state to deduct it from his back support due.
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