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NEED ADVICE..BM still won't let my DH claim 1of2 children on taxes when he has them 50% of time

Posted by on Jan. 9, 2014 at 5:04 PM
  • 56 Replies

I'm having a difficult time understanding why BM will still not allow DH to claim one of the children on taxes for 2013. She agreed last year that she would let him this year IF he paid all his child support for the year...which he did AND we have them 50% of the time, which has been the schedule for almost 2 years now. Legally, she is the domicary parent but the only extra expense she has is having them on her insurance. DH provides food, shelter, clothes, etc and they split all other costs (school fees, misc medical fees). This just infuriates me because financially, we are not secure and she most certainly is. It also makes me annoyed at my DH because he still hasn't filed a motion to adjust child support. The court order is still set up for him having visitation 2 days a week and some weekends. They are not aware that they live with us half of the time. Anyway, that's a whole other issue. Really, I'm wondering if anyone has experienced a similar situation with the tax refunds. When there are two children, why shouldn't he be allowed to claim one when everything is split 50/50.

Any advice would be helpful...thanks :)

by on Jan. 9, 2014 at 5:04 PM
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Replies (1-10):
chanizen
by Platinum Member on Jan. 9, 2014 at 5:08 PM
So he wasn't paying cs before?
faerie75
by Platinum Member on Jan. 9, 2014 at 5:10 PM
1 mom liked this

 this is all something your DH needs to fix if he chooses to. it sucks, but on paper he does not have 50/50, so he is still liable for support and BM can say whatever and do something completely different. its shitty on her part but what can your DH do, if hes not willing to do anything.

MySweetGuy
by on Jan. 9, 2014 at 5:13 PM

he was paying CS before but not on time and was behind. so her deal was if he paid on time for the whole year, she would allow him to claim one but that never happened.

MySweetGuy
by on Jan. 9, 2014 at 5:17 PM

you are absolutely right about BM saying one thing and doing another.  this is where i get annoyed and have no control over it really. it's not worth it to fight with him about it because, like you said, all that matters is what it says on the stupid court papers. ugh

Birdseed
by Platinum Member on Jan. 9, 2014 at 5:17 PM

I just posted the links for this earlier today....a quick google for IRS depencency 2013 will net you what you need or you can find the other post from today about this topic for the links.

Anyway...for divorces after 2009, it all goes by the Federal test for claiming a dependent. BM can't "let" or "not let" BF claim a child if the children meet the test for him to claim.

That said, it can get messy if people are e-filing and one person has already claimed a child. It might be best to hire an accountant to assist, but really, the regs are quite clear.

Ahh...it only takes me a sec to grab the link....


BRB.

Birdseed
by Platinum Member on Jan. 9, 2014 at 5:19 PM
1 mom liked this
Tinkerbellmama
by Platinum Member on Jan. 9, 2014 at 5:25 PM

What does the CO say? Who is the custodial parent??

amantonacci
by Platinum Member on Jan. 9, 2014 at 5:25 PM

How long had he not paid CS correctly? Sounds like she was trying to teach him a lesson. About following through on responsibilities...

MySweetGuy
by on Jan. 9, 2014 at 5:35 PM

thank you Birdseed! that is helpful! going to show this to him.

MySweetGuy
by on Jan. 9, 2014 at 5:51 PM

i don't know exactly what the CO states. she is the custodial parent, i believe. the last i knew, the CO stated she was and he had visitation and was required to pay CS. he allowed the schedule change bc he wanted to see his kids more, although not recognized in court. they still think he comes and goes as he pleases and pays CS to her. It is his own fault for not getting CS adjusted yet. and yes, she is ALWAYS trying to teach him a lesson. i think that is her main objective most of the time. he certainly takes care of his children and has them more of the time than she does usually. not sure why he needs her permission. he just thinks it isn't possible to claim one of them and if she doesn't agree to it, then he can't try either. but i say, it won't hurt to try. if they deny you, then fine but it's worth a try.

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