I keep finding conflicting information on the internet regarding the authority of state courts. I, as the custodial parent, am the sole provider for my child's health/dental insurance (I footed the bill for braces and any co-payments), I solely pay the mortgage for the house she lives in, father does not want to see or know his child and she is now 17 years old. He pays $500 per month in mandate child support from age 13 to 18 years of age. The court order says he is allowed to claim her on his taxes every other year. He pays no state tax where I pay state tax and an additional local tax which is equal to half of what I pay for state taxes. I also pay property taxes. I provide more than 50% of her support. Do I have to confirm to the judges order? Because the case was heard in the NCP's state, I was allowed to participate by phone but at the last minute the judge decided I couldn't and my child's father had his lawyer present where I had no one acting on my behalf.
2006-12-07 03:59:38 · 10 answers · asked by msthanglila 3 in Business & Finance ➔ Taxes ➔ United States
A judge can and in alot of cases does order this. Have you ever heard of a form 8332? The parent who has custody signs this paper in the year the other parent wants to claim the child. For example, if your ex gets the child on his 2006 taxes, you sign it in 2006 for him to use. Only catch is, it only releases dependancy and child tax credit, which your child is too old for, to the non custodial. You keep the Head of Household (if you qualify), the day care expenses, and the Earned Income credit (if you qualify). Hope this helps.
2006-12-07 06:38:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Judges can order whatever they feel is just. You can request a modification, but unless a judge issues a contrary order, you have to follow the one in effect. And it might cost you more that you'd save on taxes, to fight it. Not fair, but life isn't sometimes.
If there is no court order regarding taking the exemption, the IRS rule is that it defaults to the custodial parent. But in your case, since there is a court order, you have to follow it. Filing first and claiming her, as someone else suggested, won't do you any good if her father claims her also - the IRS will contact both of you, he'll show the court order, and you'll have to pay the additional tax.
2006-12-07 04:46:29 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
You must file a paper reutrn. The IRS will flag both returns and contact both taxpayers. They will ask for you to either file an amended return or provide proof of your entitlement to the exemption. You'll need to provide proof that the children lived with you for the greater portion of the year. The decree will be largely ignored by the IRS unless it meets EXACTING requirements stated in Federal law. Those requirements are for the non-custodial parent to claim the children so they won't apply to you in this case anyway. The IRS will then award the exemption according to law and send the other party a bill for any tax due.
2016-05-23 03:44:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
My friend went to court and he is from florida and stays in alabama. The judge ordered him to pay child support and allows him to claim the children on taxes every year even though he doesn't get credit for them living with him. It's more for other reasons like going to school or getting state aid. He has to say on applications that he has two other dependents and pays out the axx in child support.
2006-12-07 04:14:53 · answer #4 · answered by tiffany 1 · 0⤊ 0⤋
Yes, the judge can order whatever he thinks is equitable. In this case the non-custodial parent claims the exemption every other year and will use the single tax rates each year.
The custodial parent gets the best deal because they get the exemption every other year but get to use the "head of household" rates each year.
2006-12-07 04:27:02 · answer #5 · answered by waggy_33 6 · 1⤊ 0⤋
If the judge has jurisdiction over the divorce, he can decide which parent has the right to claim the child as part of the divorce decree. In the case you describe, you should be able to have the decree modified to give you the exemption. As others have said, contact an attorney.
2006-12-07 11:05:20 · answer #6 · answered by STEVEN F 7 · 0⤊ 0⤋
If there is a court order in place, you are out of luck as far as taxes go.
However, you could go back to court to try to have that changed.
2006-12-07 07:05:28 · answer #7 · answered by nova_queen_28 7 · 0⤊ 0⤋
I know he can claim that he pays child support. My son's father has to have me fill something out or he has to go up to the friend of the court for them to fill out the papers for him to claim the child support he pays. I know he can claim that she doesn't live with him but he pays for support. You are also able to claim her. If you fill your taxes before he does and that you put she lives with you and you pay for all of her support but the five hundred you receive from him. You have to claim that he pays child support. But when he goes in to fill his taxes he will not be able to claim her as living with him. Because you already have. I would also go and see if you can have that taken care of. See how you have the papers changed. I hope i have helped some. I would also go and look up the laws for taxes.
2006-12-07 04:13:26 · answer #8 · answered by teddybear_48030 1 · 0⤊ 1⤋
You could file a petition through the court where the case was file for a modification due to not having representation at the prior case. Problem is she will turn 18 by the time they get to it.
2006-12-07 04:09:15 · answer #9 · answered by tigerlilliebuick 3 · 1⤊ 0⤋
Contact a Lawyer ASAP I don't think he has a right.Good Luck
2006-12-07 04:08:54 · answer #10 · answered by sugarbdp1 6 · 0⤊ 0⤋