When we had child support set up it was supposed to be that I claim the first year, then he gets the next 3 yrs, then I can claim again and so on. But I think I remember them saying that if he was behind on his support than I automatically get to claim him.....I think. Does anyone know if this is true or something I Imagined???? I live in AZ
2006-11-20 06:51:04 · 16 answers · asked by wendyb204 2 in Family & Relationships ➔ Marriage & Divorce
I was never married to my sons father and he has not had contact with my son or I (his choice) in a year, but he does pay his support so far. But I also know he has not paid his taxes in a couple yrs.
2006-11-20 07:00:08 · update #1
He normally pays but has always been $1000 behind because he never paid the first month of support.
2006-11-20 08:55:17 · update #2
Read through your support papers that contain your tax related issues. It should be outlined thoroughly.
Edit - it is my understanding that even with the new tax code concerning the definition of a child (who gets to claim) is that a court order supersedes the new tax code. Still check your support paperwork, if it is silent on who claims the child then the custodial parent gets to claim the child.
2006-11-20 06:59:41 · answer #1 · answered by Poppet 7 · 0⤊ 0⤋
If you go to a tax preparation place like H&R Block they will want your ex to sign something waving his rights to claim for that year so that you both can't claim. If he has worked and is gonna claim your child then DOR(department of revenue) is supposed to take the child support that he owes out of his tax refund and you will get the back support.Best thing to do is to call the lawyer that handled your divorce and see if that was in the court documents that you could claim your child if your ex hasn't worked or is behind.You can also go to the family probate court house and get a copy of your court documents.You can also call the department of revenue and see if you can get them to take the child support right from his check and if you already do that and he's behind but is still gonna file taxes let him do it and call DOR and ask them if the child support he is behind is gonna be taken from his tax return. Good Luck :)
2006-11-20 07:05:36 · answer #2 · answered by Kelly 2 · 0⤊ 0⤋
I am not understanding this all the way here. One time you say that he is behind in child support and then later you say he is not.
As far as the income tax return, I have never let my x file on my kids at all. If you have your child support set up with the courts, and he gives them the money every month and they pay you the money then, when he files his taxes and gets his check back, they will hit it if he owes any back child support, and give it to you. At least that was the way mine was set up, but I never ever let him use my kids when he filed his taxes.
2006-11-20 07:16:36 · answer #3 · answered by SapphireB 6 · 0⤊ 0⤋
CAN he? confident. would desire to he? in all threat no longer. yet my question would be: What does your toddler help order say? If the toddler help order states that each and every of you is to alter claiming the toddler, then you definately would desire to evaluate your thoughts. in the adventure that your toddler help order says no longer something approximately who claims the toddler, then he has no suitable to realize this. He would prefer to have the toddler for a minimum of six months and supply greater suitable than 50% of the help in the absence of an order signed by utilising a kin courtroom decide. If that's meant to be his 3 hundred and sixty 5 days to declare the toddler and you have a toddler help order in place and he's in arrears, i'd propose which you report and declare your son first - and then deduct the quantity you come again from the entire he owes. (If he information first, the IRS will look at and pondering you have actual custody and help the toddler for greater suitable than a million/2 of the three hundred and sixty 5 days you will get carry of the deduction.)
2016-12-28 06:47:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
laws changed a couple of years ago, ONLY the custodial parent may claim the dependant child on their tax returns. Child support has nothing to do with it. Being you are the one recieving the child support im assuming that you are the custodial parent, therefore, you should claim your child EVERY year
2006-11-20 06:59:31 · answer #5 · answered by thunder31634 2 · 0⤊ 0⤋
The one who claims your son is supposed to be the parent that the child resides with the majority of the time. With the father behind on his payments, the government will garnish a portion or all of his income taxes (depending on how far behind he is), which of course will come to you.
2006-11-20 06:57:44 · answer #6 · answered by jessicadayky 1 · 0⤊ 0⤋
Read your divorce decree, it should tell you all the details about tax implications and so forth. Just remember this if both of you claim him you both are going to get audited. Make sure that you and the childs father are in agreement on who is carrying your son.
2006-11-20 06:55:26 · answer #7 · answered by Rooster 1972 5 · 0⤊ 0⤋
The IRS states that the child be supported 75% or more by the person who claims him
2006-11-20 06:54:39 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I wouldn't mess with a court order. If the order states that the tax deduction is the ex's, then that's how it has to be. If there is a condition of the deduction awarded to you in the event of non-payment, then you can take it. BUT...make sure you read your divorce papers to be sure. You don't want to end up having to pay back taxes!
2006-11-20 06:57:21 · answer #9 · answered by Royalhinney 7 · 0⤊ 0⤋
you claim him as per the court order. if he is late on his payments, he defautled and needs to have a wage assignment placed on his paycheck. call child support services. they can do this for you at no cost.
and lord above....it should be every alternate year you claim your children. not every 3rd year!! who set that up???
2006-11-20 07:00:24 · answer #10 · answered by Bella 5 · 0⤊ 0⤋