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Federal taxes and the NCP

Posted by on Jan. 8, 2014 at 1:34 AM
  • 32 Replies

Someone mentioned in here at some time about a federal law stating that only the CP can file a child on their taxes regardless of what a CO says.

How does that work if someone has a CO that says that the parents alternate claiming the child on their taxes? Does the NCP just lie on their taxes and claim that the child lived with them the entire 12 months?

If the CP claims the child regardless of what the CO says, does the NCP have any legal recourse?

We just filed our taxes, DH claims SD on even numbered tax years, so SD was not included. As I was putting the information in though I got to thinking about this.

by on Jan. 8, 2014 at 1:34 AM
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Replies (1-10):
Tillymommie
by Gold Member on Jan. 8, 2014 at 2:35 AM

I think there is a paper now that the custodial has to fill out. I don't know for sure. My X and I have never filled out anything different but then I don't even attempt to claim DS on Xs year so I don't know.

luckystars2012
by Platinum Member on Jan. 8, 2014 at 2:41 AM
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T h is, or the parent with a right to claim can fill out a paper return and mail in a copy of their CO along with it.

Quoting Tillymommie:

I think there is a paper now that the custodial has to fill out. I don't know for sure. My X and I have never filled out anything different but then I don't even attempt to claim DS on Xs year so I don't know.

miapia1020
by Bronze Member on Jan. 8, 2014 at 2:41 AM
It's my understanding that cp gets to claim the child unless there's a Co. if there's a discrepancy, then the ncp has to prove that they can legally claim the child per the Co. if you're filing in turbo tax I believe it actually asks if there's anyone you're claiming due to living with you or per Co.

A few years ago bm claimed sd when she wasn't supposed to (she had no income so she really shouldn't have been filing taxes). Dh was forced to send a paper return, as the Irs wouldnt accept his electronic return. He then was notified that he had claimed a dependant who was already claimed under another return. He had to provide copies of the Co to prove he was in the right. He also filed contempt against bm because she refused to change her return and the Irs was threatening an audit. She ended up changing it the night before court, and ended up getting yelled at by the judge and forced to pay dhs attorneys fees. When the judge asked why she had done it she told him because she ”didnt think it was fair” that dh was allowed to claim sd...
AnnaNonamus
by Member on Jan. 8, 2014 at 2:49 AM

CP has to file a form with the IRS. My friend is dealing with it right now- they were divorced in 2012, and CO states they alternate who claims which kid each year (which sounds like a huge PITA to me), however, if her EXDH is even $1 behind on child support as of Midnight, Dec 31st, he loses the right to claim the child he has for that year, and she claims them both.

She's worried he'll try claiming one anyway, so she had her lawyer and her dad's accountant both chime in.

If he claims a child against what is in the CO, she can file paperwork with the IRS showing she is the CP. He'll get any money taken away, and will wind up with a fine over it.

As to whether or not the irs will disregard the CO, I don't know, but I would think it would take a pretty vindictive person to file the papers stating they are the CS just to take a refund they have agreed in the CO isn't theirs. I would presume you could take it to court to prove that legally, it's his right to claim the child per the CO.


In the mean time, the IRS will likely side with the person CP, and it would be up to the NCP to file a lawsuit over it.

jeniemarie
by Member on Jan. 8, 2014 at 3:02 AM
BM has never worked, even when she had full custody, so they just came to the agreement that DH would claim SS. now that we have custody theres no problem
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Leigh84
by Gold Member on Jan. 8, 2014 at 5:20 AM
There's a form both cp and ncp fill out and sign then the parent who is claiming the child sends that form in w/their taxes.
progressandjoy
by Gold Member on Jan. 8, 2014 at 6:24 AM
Form 8332.

BM is supposed to claim SS every year and then split the tax return with DH (which is the worst agreement ever).

The first year was a very volatile year. BM claimed SS, but refused to give DH half of the return. We talked to a lawyer, and he told us to file contempt ASAP or we would set a precedent that she could file (and keep all the money) every year. DH was only seeking $500 (half of the child tax credit), but the lawyer said that according to the wording of our CO we could argue to recieve half of BM's entire tax return (which we thought was kind of shitty).

We ended up waiting until the following year. BM signed the form saying she would not claim SS, we claimed him, and kept our entire return. The only bummer was BM only signed the form for one year (you can list multiple years on the form), so now every other year we're going to have to have her resign the paperwork.
looneytunes290
by on Jan. 8, 2014 at 7:46 AM
When a ncp claims a child they get the deduction and a portion of credit-- if I remember right- the reason they ask for mos is because the custodial can still claim credit with something -- maybe eic or child tax credit--For the number of mos the child lived with them. We could claim my sd on taxes but we would put in that she was just with us 40 percent of the time-- whatever that comes out to in mos-- so we claimed 4 children and had a total of 6 deductions but her mom got to claim the child tax credit till she was 17 for a partial part do the year. Does tht make any sense? I haven't had coffee yet??
kellynh
by Kelly on Jan. 8, 2014 at 8:03 AM

This, 

BM signed the form for up until ss12 is 18. 

Quoting progressandjoy: Form 8332.

BM is supposed to claim SS every year and then split the tax return with DH (which is the worst agreement ever).

The first year was a very volatile year. BM claimed SS, but refused to give DH half of the return. We talked to a lawyer, and he told us to file contempt ASAP or we would set a precedent that she could file (and keep all the money) every year. DH was only seeking $500 (half of the child tax credit), but the lawyer said that according to the wording of our CO we could argue to recieve half of BM's entire tax return (which we thought was kind of shitty).

We ended up waiting until the following year. BM signed the form saying she would not claim SS, we claimed him, and kept our entire return. The only bummer was BM only signed the form for one year (you can list multiple years on the form), so now every other year we're going to have to have her resign the paperwork.


Leigh84
by Gold Member on Jan. 8, 2014 at 9:12 AM
That's the form I was thinking of

Quoting progressandjoy: Form 8332.



BM is supposed to claim SS every year and then split the tax return with DH (which is the worst agreement ever).



The first year was a very volatile year. BM claimed SS, but refused to give DH half of the return. We talked to a lawyer, and he told us to file contempt ASAP or we would set a precedent that she could file (and keep all the money) every year. DH was only seeking $500 (half of the child tax credit), but the lawyer said that according to the wording of our CO we could argue to recieve half of BM's entire tax return (which we thought was kind of shitty).



We ended up waiting until the following year. BM signed the form saying she would not claim SS, we claimed him, and kept our entire return. The only bummer was BM only signed the form for one year (you can list multiple years on the form), so now every other year we're going to have to have her resign the paperwork.
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