my ex husband does pay child support but it was court ordered no visitation. im afraid he'll try to claim the kids on his tax return and get by with it also he owes $2500 in back child support
2007-01-12 14:42:09 · 11 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United Kingdom
i am also a hard working mother who has to work two jobs to make ends meet
2007-01-12 15:30:45 · update #1
Only one of you can claim the children, as dependents, on your taxes. If the children live with you, then it's your legal right to claim them on your taxes. If he has primary custody, then he is the one to rightfully claim them as his dependents.
Since you said, the court ordered no visitation, I'm assuming that you have primary (sole) custody, this would make you the legal caregiver, thus they're your legal dependents and may rightfully (Legally) be claimed on your taxes.
If he claims them as well, he may ge away with it, but if it's discovered in a tax audit, he will be the liable party, not you.
As far as his child support payments being tax deductable, that has no effect on how you file your taxes.
Hope that helps. Good Luck!
2007-01-12 14:50:17 · answer #1 · answered by De Expert 3 · 1⤊ 0⤋
It depends on what the divorce decree states. If it doesn't clearly outline it in the decree, you'll need to amend your divorce papers to outline clearly who is/isn't claiming the children for tax purposes. There is no law as to who can/can't claim the children based on child support % versus yearly income. Long time ago there was a bill in congress that was not passed that stated that if child support is more than 30% of gross monthly income, that parent claims the child. It was tossed out for good reason, because too much auditing would be done in the process because of spousal support being lumped into child support payments and other expenses decreed by the divorce court.
You might want to just kiss that 2k goodbye sweetie, it's not ever coming to you, and it's really too little to stress over for what it does to your health. The divorce alone makes you twice as likely to have a heart attack already. Be peaceful, live well...much better for you, kids and health.
2007-01-12 14:50:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I'm in law school and have experience with divorce law.
If the Court gave you the children as exemptions to claim on your tax return you are all set. If both of you claim the children, it will come up as a red flag on his return, since 2 seperate parties claimed 2 children twice. He will be audited and the IRS will keep an eye on his returns for years to come.
If he owes back support file a motion for him to pay owed support. What was he ordered to pay?! If he is defaulting in payments he is in contempt of Court. He could be fined, jailed, and made to pay the back support!
2007-01-12 14:51:30 · answer #3 · answered by Sea W 2 · 0⤊ 0⤋
Are you going to file taxes? Do you expect a large refund? If so, then hurry and file before he does.
If he manages to file before you do, your return will be rejected the day after you file electronically. If you want to stop him from claiming the children, after your return is rejected, mail in your return with a cover letter showing that you are the custodial parent, and the IRS should give you your refund and deal with him. This process took 4-6 weeks in many cases last year.
But if you don't file taxes, or don't expect a significant refund, then if he files and gets a refund it will be offset for child support. This may be better for you, if you weren't going to get a refund anyway, since the money recovered from his refund will pay you child support.
If you think he also owes a lot of back taxes, you might not want to let him file with the children, since the back taxes take precedence over child support and you would not benefit.
So there is no clear answer as to what is best for you.
2007-01-12 15:09:26 · answer #4 · answered by ninasgramma 7 · 0⤊ 2⤋
http://www.irs.gov/pub/irs-pdf/p17.pdf
IRS Publication that has your answer.
It may not be in a divorce decree, and it doesn't have to. Answers these questions, honestly, and you will know who can claim your children on the tax return.
Contact your states Department of Labor and begin the process of having the child support withdrawn from your spouses wages. The State that you live in will then assist you in collection of back child support through Federal and State Income Taxes.
2007-01-12 15:12:14 · answer #5 · answered by paradise 4 · 0⤊ 0⤋
It depends on who got the tax exemption in the divorce decree. on a positive note, if he gets a tax refund, it will be garnished and given to you for back child support.
2007-01-13 06:59:49 · answer #6 · answered by Akida 4 · 0⤊ 0⤋
When you got divorced there should have been someone designated to carry the children as dependents on their taxes. It is pretty standard done in Custody/Divorce cases. If he does, there really isn't anything you can do about it. What I was instructed to do by my lawyer was file my taxes as early as possible. If the kids are on both taxes, whomever has the earliest date on them will prevail. Good Luck!!!
2007-01-12 14:48:10 · answer #7 · answered by Karen 4 · 1⤊ 1⤋
If child support is deductible on his income taxes he has every right to claim valid expenses, if not...REPORT THE SCUMBAG!!!
2007-01-12 14:46:58 · answer #8 · answered by Anonymous · 0⤊ 2⤋
If you dont give him permission and you are legally divorced and you said he owes... then you can do something about it... i would contact your child support services and see what they say
2007-01-12 14:47:33 · answer #9 · answered by so_much_luvin_4_u 1 · 0⤊ 2⤋
if you pay for their support, regardless of wether he claims them or not, if you can prove you are the caregiver, he'll have to pay it back.
go soon and get your taxes done first.
2007-01-12 14:46:00 · answer #10 · answered by Mystee_Rain 5 · 2⤊ 1⤋