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question about possible mediation?

Posted by on Apr. 8, 2013 at 4:26 PM
  • 14 Replies
My ex and I have a mutual agreement on visitation and child support payments. None of this is court ordered or anything, we just agreed to it when we separated. However, now we are realizing that it gets a little bit complicated with taxes. There is nothing in writing saying what he pays me and the day care expense which he pays. I declared my son as my dependent on my taxes and because of that he can not declare the child care expense which he pays fully. I was wondering if it would be beneficial for us to see a mediator and get our agreement in writing? or if we can just put it in writing and have it notorized? We want to avoid going to the court due to the expense of it and we handle everything pretty amicably so I'm wondering what the best route is? I was looking into mediation but it seems to me that they are there for conflict resolution....there is no conflict in this case just the paperwork for taxes. I don't want it to be unfair to him and I want him to get the credits that he deserves for what he pays me and the day care. Any one have any advice on this?
by on Apr. 8, 2013 at 4:26 PM
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Replies (1-10):
brieri
by Platinum Member on Apr. 8, 2013 at 4:34 PM

Talk to an attorney - because it is best to file with the courts.  You don't have to go through mediation if its's settled between you and your ex.  ..  Good luck.

Mommyto2LilMen
by Tina on Apr. 8, 2013 at 4:59 PM
I'm not sure. Good luck.
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Oliviasmom72
by Silver Member on Apr. 8, 2013 at 6:26 PM
1 mom liked this
You should alternate years on claiming the child.
brieri
by Platinum Member on Apr. 8, 2013 at 7:45 PM
1 mom liked this

 

Quoting Oliviasmom72:

You should alternate years on claiming the child.

 ^Thia is good. It doen''t matter who child is living with at the time, as long as you both agree to it.  You'll need a court order though, to submit to the IRS.

kitty8199
by Silver Member on Apr. 8, 2013 at 7:49 PM
Why can't he claim it? As long as you don't claim the child he can claim him, and childcare expenses.
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Oliviasmom72
by Silver Member on Apr. 8, 2013 at 8:33 PM

I am not 100% sure if the child care credit only goes to the parent claiming...that is a good question to ask an accountant. I should know this but I dont. Anyways it is good you two are amicable. Also if he carries the child on insurance that genrally offsets child support a bit. You can also google your state guidelines and see if you can do a child support worksheet and see what it says.

aidensmom0407
by Member on Apr. 8, 2013 at 9:34 PM
because I've already filed and claimed him as my dependent. DS lives with me. I thought he would still be able to claim the child/dependent care credit (since he pays it all) even if I had claimed the child as my dependent.
Quoting kitty8199:

Why can't he claim it? As long as you don't claim the child he can claim him, and childcare expenses.

aidensmom0407
by Member on Apr. 8, 2013 at 9:37 PM
unfortunately my ex's job doesn't have health insurance...he doesn't even have it for himself, so no, DS is on my insurance. Thanks tho, that's good to know.
Quoting Oliviasmom72:

I am not 100% sure if the child care credit only goes to the parent claiming...that is a good question to ask an accountant. I should know this but I dont. Anyways it is good you two are amicable. Also if he carries the child on insurance that genrally offsets child support a bit. You can also google your state guidelines and see if you can do a child support worksheet and see what it says.


aidensmom0407
by Member on Apr. 8, 2013 at 9:39 PM

welp, it seems you can't even claim child support as a deduction (in his case)...so alternating years might be the best thing.  in the meantime I'll just file an amendment for the childcare credit and give him the $ which will end up going back to the daycare anyway.  Thanks ladies!

LifeCafe42
by Nora on Apr. 8, 2013 at 11:41 PM
I agree

Quoting brieri:

Talk to an attorney - because it is best to file with the courts.  You don't have to go through mediation if its's settled between you and your ex.  ..  Good luck.

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