I pay well over 50% of their support and they live with me 100% of the time. We got a dissolution. We agreed to things the judge just signed.
2007-07-16 02:44:12 · 6 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
If you agreed to allow him to take the deduction it would be the same as him allowing you to take the family car. You each get to us what you were granted in the decree until the decree is changed by the proper court. You would still have use of the car even if he was putting the gas in and taking care of the repairs. Only the court can change the order.
2007-07-16 04:30:04 · answer #1 · answered by ? 6 · 0⤊ 0⤋
One way to change this is to get another signed document that supersedes the previous document.
Another way is to have the document reviewed by a tax expert to see if it complies with IRS regulations (which require that the dependency exemption not be connected to child support, plus other restrictions). If it does not comply, you can go ahead and claim the children and be ready for an IRS investigation of your claim.
As long as the children live with you, you still are going to get tax benefits. You will be able to claim head of household, you will be able to get the Earned Income credit on two children even if one is not your dependent, and you will get the dependent care credit for two children as well.
You will lose the dependency exemption plus the child tax credit for one child. That is all that can be assigned to a noncustodial parent.
2007-07-16 06:12:30 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
If it's legally worded, it would have to be changed by a judge or it stands unless there's already wording there, in proper form, covering the situation where you, not he, is paying more than half of the support. Call your lawyer.
2007-07-16 03:25:35 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
If the decree states that then unfortunatley you need to abide by it. It really stinks but if you where to claim them and then he does as well as the papers say you will be the one paying back the deductions since all he needs to do is say legally I have this right not you.
2007-07-16 02:54:12 · answer #4 · answered by Belle 2 · 0⤊ 0⤋
I think that is something that would have had to been brought up in front of the Judge? I dont see how that decision could have been made if you in fact do what you say.
2007-07-16 02:54:11 · answer #5 · answered by Mr.504 2 · 0⤊ 0⤋
You can change it, but you'll have to go back to the judge to do it, and probably hire an attorney to get there.
2007-07-16 03:15:45 · answer #6 · answered by copious 4 · 1⤊ 0⤋