Child Support/Tax Exemption

[Pearl72]

What is the name of your state (only U.S. law)? Colorado

My daughter receives benefits under my ssdi disability, she gets roughly 550 a month. Recently, he has decided that he wants me to start paying for her Tae Kwan Do classes, Her Summer Camp, and her Medical that His wife has taken out of her paycheck at her job. Shouldn't all of that be coming out of the 550 he gets? He says it doesn't come out of my pocket, so therefore it doesn't count. He is threatening to take it to court if i don't comply. Granted, i don't think he will win - but I don't think he really wants to take it to court, because he wasn't working for the past 2 years, and just recently in the past 3 weeks got a part time job. He also states since I don't pay taxes, and I am not supporting our daughter, i will never get to claim our daughter on my taxes. Just wondered what would happen with this?

 

[Antigone*]

What is the name of your state (only U.S. law)? Colorado

My daughter receives benefits under my ssdi disability, she gets roughly 550 a month. Recently, he has decided that he wants me to start paying for her Tae Kwan Do classes, Her Summer Camp, and her Medical that His wife has taken out of her paycheck at her job. Shouldn't all of that be coming out of the 550 he gets? He says it doesn't come out of my pocket, so therefore it doesn't count. He is threatening to take it to court if i don't comply. Granted, i don't think he will win - but I don't think he really wants to take it to court, because he wasn't working for the past 2 years, and just recently in the past 3 weeks got a part time job. He also states since I don't pay taxes, and I am not supporting our daughter, i will never get to claim our daughter on my taxes. Just wondered what would happen with this?

First of all, if all these extras that he is asking for are not court-ordered, you don't have to comply.

Now with regards to your tax exemption question, who does the child live with?

 

[Isis1]

First of all, if all these extras that he is asking for are not court-ordered, you don't have to comply.

Now with regards to your tax exemption question, who does the child live with?

I remember this one. Dad.

Pearl, by federal law, dad claims child because the child lives with him more than 50% of the time. When you move closer and your 50/50 custody time is granted, bring that up to the judge so you can request alternating years.

And tell your ex to bite me. Until you are court ordered to pay pay for extra, don't give him one penny extra.

 

[mistoffolees]

I remember this one. Dad.

Pearl, by federal law, dad claims child because the child lives with him more than 50% of the time. When you move closer and your 50/50 custody time is granted, bring that up to the judge so you can request alternating years.

Or, simply count up the nights that the child is in OP's home. If it's greater than 50% (that is, 183 nights or more in normal years or 184 nights in leap years), then she can simply take the deduction because under IRS rules, the person who has the most nights gets the deduction. Make sure to keep an accurate calendar to verify this. (if it's a leap year and they both have 183 nights, then the one with the higher AGI gets the deduction).

Of course, there's no guarantee the ex won't take the deduction, too, and you'll have to convince the IRS that it should be yours and this can be a hassle, so it might be worth getting a court order, but it's not essential if you have more overnights and the existing order doesn't address taxes.

And tell your ex to bite me. Until you are court ordered to pay pay for extra, don't give him one penny extra.

Agree 100%. If ex thinks Tae Kwon Do is so important, he can pay for it.

 

[Pearl72]

Ok. Thanks. The reason i asked is because when i do move closer - which is soon, how would the tax exemption work, He is taking me to court anyways over the new order because it doesn't work for him - so we shall see what happens with that. I hadn't brought it up since my daughter lived with him most of the time, but now that that is changing soon - would like to get it in the order that we alternate at least every other year, and put specifically that he sign that 8332 by a certain date on the years i can claim our daughter on my taxes etc. Unfortunately, if its not in the order, it isn't going to happen - as he always says, he isn't going to be forced to do something if it doesn't say he has to. Ugh.

As for the other things he is demanding i pay for, Will advise him he is on his own, and he is more than welcome to take me to court for it!

Thanks guys.

 

[Isis1]

Ok. Thanks. The reason i asked is because when i do move closer - which is soon, how would the tax exemption work, He is taking me to court anyways over the new order because it doesn't work for him - so we shall see what happens with that. I hadn't brought it up since my daughter lived with him most of the time, but now that that is changing soon - would like to get it in the order that we alternate at least every other year, and put specifically that he sign that 8332 by a certain date on the years i can claim our daughter on my taxes etc. Unfortunately, if its not in the order, it isn't going to happen - as he always says, he isn't going to be forced to do something if it doesn't say he has to. Ugh.

As for the other things he is demanding i pay for, Will advise him he is on his own, and he is more than welcome to take me to court for it!

Thanks guys.

you're welcome!

remember, don't let him rile you. my favorite quote from Madagascar...."just smile and wave, boys. just smile and wave".

 

[mistoffolees]

Ok. Thanks. The reason i asked is because when i do move closer - which is soon, how would the tax exemption work, He is taking me to court anyways over the new order because it doesn't work for him - so we shall see what happens with that. I hadn't brought it up since my daughter lived with him most of the time, but now that that is changing soon - would like to get it in the order that we alternate at least every other year, and put specifically that he sign that 8332 by a certain date on the years i can claim our daughter on my taxes etc. Unfortunately, if its not in the order, it isn't going to happen - as he always says, he isn't going to be forced to do something if it doesn't say he has to. Ugh.

Yes, if you're going to court, anyway, there's no reason not to ask for at least every other year for the tax deduction. In fact, since he didn't work for the past 2 years and only has a part time job now, I would ask the court for the tax deduction EVERY year. They might not grant it, but logically, if you are more able to benefit from the deduction, you should have it.

 

[CJane]

since I don't pay taxes

Then why do you need the deduction?

 

[rbw5147]

Then why do you need the deduction?

Was wondering the same thing. SSDI benefits are not considered "earned income". You are allowed to work and make up to a $1,000 a month and your SSDI benefits would not be affected. If you do that, then claiming your daughter as an exemption would benefit you. Until then, Dad should be able to claim your daughter. Was any of this addressed in your court orders?


As for child support, are you court ordered to pay any? SSDI dependant benefits in Colorado can be applied to child support, but it has to go through the courts to be counted as so. However, if you are indeed 50/50 then you have the right to receive those dependant benefits... and not Dad.

 

[SESmama]

...put specifically that he sign that 8332 by a certain date on the years i can claim our daughter on my taxes etc.

If you do end up getting it court ordered there is a Part III where you can have future years listed. Ask that he sign the form in front of the hudge and list the years you are to claim the child.

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado

My daughter receives benefits under my ssdi disability, she gets roughly 550 a month. Recently, he has decided that he wants me to start paying for her Tae Kwan Do classes, Her Summer Camp, and her Medical that His wife has taken out of her paycheck at her job. Shouldn't all of that be coming out of the 550 he gets? He says it doesn't come out of my pocket, so therefore it doesn't count. He is threatening to take it to court if i don't comply. Granted, i don't think he will win - but I don't think he really wants to take it to court, because he wasn't working for the past 2 years, and just recently in the past 3 weeks got a part time job. He also states since I don't pay taxes, and I am not supporting our daughter, i will never get to claim our daughter on my taxes. Just wondered what would happen with this?

Unless you are married and filing a joint return with your husband, or you are working up to or under the amount you are allowed to work while collecting SSDI, he is probably right about the taxes. If SSDI is your only income you wouldn't be filing a tax return.

However, if you are filing a return either jointly with your husband or because you are working, then if the court orders entitle you to the exemption some or all of the time then dad has no right to tell you that you cannot take the exemption.

As far as extracurriculars are concerns, you are not required to participate in those unless your court orders state that you are to participate in those. The same applies to summer camp and medical insurance.

The child's SSI benefits that she is receiving under your case would normally replace child support. Is it court ordered that the benefits count as your child support? If not, you should take it to court to get it court ordered.

 

[rbw5147]

Pearl, are you court ordered to pay child support? If you are, will that change when you move closer and the custody arrangement is 50/50? As it has been said in this thread, IF you are ordered to pay child support the SSDI dependant benefits can be counted towards child support, though this will have to be addressed and the judge will have to put that into your court orders.

And as I said earlier, when you and Dad do begin a 50/50 custody arrangement, 2 things: 1) IF (cause I still haven't been able to figure out if you are) you are currently ordered to pay child support, that will likely change when the visitation becomes equal. 2) When things become 50/50 and if there is no child support ordered for you to pay Dad, then you are eligible to receive those dependant benefits and that should be addressed in court. I receive SSDI in Colorado and I know how hard it is to survive on those benefits and I would bet it's probably safe to assume that you could use those benefits to take care of your daughter while she is in her care.

Also, as somebody else stated, you should have it placed in the court order that if you do return to work and you can show proof of that to the courts, that the tax exemption be rotated yearly.

 

[mistoffolees]

Then why do you need the deduction?

Married, filing jointly?

 

[Isis1]

Married, filing jointly?

Pearl isn't married. At least she hasn't mentioned it per her history. And according to her history, she does not have 50/50, but she is considered that option once she moves closer to dad. Child support is already set through the courts as her disability. Dad is aware of what is court ordered. He's just being an idiot trying to itimidate her.

 

[TinkerBelleLuvr]

Pearl has NEVER mentioned a husband in all the postings. I agree that her X is a bully.