Non-custodial parent filing taxes

[amyheald]

What is the name of your state?What is the name of your state? OHIO

My ex-wife and I divorced over a year ago in Hamilton County, Ohio. Within the divorce decree, it states that she claims our daughter on her taxes on the odd years and I can claim her on my taxes on the even years.

When filing my taxes for 2004, I requested my daughter's SSN from my ex to complete my taxes, claiming my daughter as a dependent. She replied to me that our Ohio Divorce decreee does not take into consideration Tennessee law, which she has been a resident for over a year since our divorce. She stated Tennesse law takes into consideration what you provide in terms of child support. It also takes into consideration that she provides the home, child care, healthcare, food, clothing and well being and security. Which, she provides. She went on to state that the amount of child support taken out of my check does not provide sufficiently for her needs and based on that, she has filed her taxes already and listed our daughter as her dependent.

She then states that her tax perparer said I would not be entitled to recieve a dependant credit or EIC, nor the same amount of return as her.

She said that she wants to be fair and will be open to talking about negotiating a fair dollar amount to give to me.

This all sounds suspicious. I think she is taking advantage of the situation and the fact that I am from Venezuela and do not know the laws very well.

Could someone please offer some advice. I'm not sure whether to agree to a dollar amount with her or if I am truly entitled to claiming my daughter this tax year and every even year thereafter.

Thank you.

 

[casa]

What is the name of your state?What is the name of your state? OHIO

My ex-wife and I divorced over a year ago in Hamilton County, Ohio. Within the divorce decree, it states that she claims our daughter on her taxes on the odd years and I can claim her on my taxes on the even years.

When filing my taxes for 2004, I requested my daughter's SSN from my ex to complete my taxes, claiming my daughter as a dependent. She replied to me that our Ohio Divorce decreee does not take into consideration Tennessee law, which she has been a resident for over a year since our divorce. She stated Tennesse law takes into consideration what you provide in terms of child support. It also takes into consideration that she provides the home, child care, healthcare, food, clothing and well being and security. Which, she provides. She went on to state that the amount of child support taken out of my check does not provide sufficiently for her needs and based on that, she has filed her taxes already and listed our daughter as her dependent.

She then states that her tax perparer said I would not be entitled to recieve a dependant credit or EIC, nor the same amount of return as her.

She said that she wants to be fair and will be open to talking about negotiating a fair dollar amount to give to me.

This all sounds suspicious. I think she is taking advantage of the situation and the fact that I am from Venezuela and do not know the laws very well.

Could someone please offer some advice. I'm not sure whether to agree to a dollar amount with her or if I am truly entitled to claiming my daughter this tax year and every even year thereafter.

Thank you.

The custody order is from Ohio. The fact that she is a resident of Tennessee doesn't change the fact that the custody order remains in Ohio unless/until you or she files to domesticate it to Tennessee, and even then that wouldn't change the agreement on taxes unless she filed to modify it- in which case you would be given notice and an opportunity to dispute it.

Why don't you know your child's SS#? Nevermind- you have rights to the child's medical records and often the SS# is on them. Otherwise contact Social Security and explain the situation- you will have to provide court paperwork stating you have joint legal custody, and ask for the SS#.

Meanwhile you can also contact the IRS at: 1-800-829-1040 to ask any specific questions you have.

File- It's your turn.

 

[Chelle0511]

Casa is exactly right! File! If she has already done so and it denies you claiming the child then file comtemt on her! There may ways to get the SS#, medical, school, or take her to court! Do not agree to her games!

 

[Smarty Panties]

The only thing your ex wife was correct about is that you can't claim the EIC. The rest is bull.

 

[LdiJ]

The only thing your ex wife was correct about is that you can't claim the EIC. The rest is bull.

He can't claim EIC, a childcare credit, or head of household (if he has no other qualifying person for head of household).

 

[Smarty Panties]

childcare credit and head of household wasn't mentioned. But yeah he probably needs to know that.

 

[zurc1968]

In Trouble

The ex who files the kid when they shouldn't is in trouble with the IRS but you must send her a letter requesting the SS# with a copy of the agreement pertaining to the filing of your child on alternating years. Send it certified, return reciept, signature required. Call the IRS and ask them what happens to the ex for intentionally defrauding the government, what ever they tell you put in the letter and request an answer in 4 weeks. Make copies of letters and keep reciepts. In the meantime, call SS and tell them that you lost the ss card and forgot your childs number. Do not go into specifics of the legal problem going on! If the ex doesn't care and you get the number from ss, you file and she will be in trouble with the IRS. If you don't get the number at all then you tell the IRS what she is up to, go to the local courts and file charges on her. She is intentionally defying a court order and will be in trouble. Do what I should have done, keep everything in writing. I MEAN EVERTHING. Keep a diary of what she tells you when it comes to anything with your child. Whenever you need to discuss anything of a serious nature do it by letter and request a reply in writing. Also, you never mentioned if she left Ohio with permission?

 

[Chelle0511]

He can't claim EIC, a childcare credit, or head of household (if he has no other qualifying person for head of household).

~Since when do you have to have another "qualifying person" to claim head of household???????

Plus a childcare credit only helps if you have to pay in money,

And, yes you have to have the child 6 months+ to claim EIC.

 

[Whyte Noise]

~Since when do you have to have another "qualifying person" to claim head of household???????

In order to claim HoH, you have to have provided support for someone that lived in the home with you for over half the year.

There's actually 3 requirements for HoH:

1.) Unmarried or considered unmarried on the last day of the year;
2.) Paid more than half the cost of keeping up a household for the year;
and
3.) A qualifying person lived with you in the home for more than half the year.

 

[amyheald]

The ex who files the kid when they shouldn't is in trouble with the IRS but you must send her a letter requesting the SS# with a copy of the agreement pertaining to the filing of your child on alternating years. Send it certified, return reciept, signature required. Call the IRS and ask them what happens to the ex for intentionally defrauding the government, what ever they tell you put in the letter and request an answer in 4 weeks. Make copies of letters and keep reciepts. In the meantime, call SS and tell them that you lost the ss card and forgot your childs number. Do not go into specifics of the legal problem going on! If the ex doesn't care and you get the number from ss, you file and she will be in trouble with the IRS. If you don't get the number at all then you tell the IRS what she is up to, go to the local courts and file charges on her. She is intentionally defying a court order and will be in trouble. Do what I should have done, keep everything in writing. I MEAN EVERTHING. Keep a diary of what she tells you when it comes to anything with your child. Whenever you need to discuss anything of a serious nature do it by letter and request a reply in writing. Also, you never mentioned if she left Ohio with permission?

She did have permission to leave Ohio. She requested it at the time of our divorce. She also got supervised visitation because she told the courts she was afraid I would take our daughter away to Venezuela and never return. It's completely bogus, but they bought her story. I have only been able to visit my daughter once in the past year and half and I had to drive to TN to see her even though the court documents state we have to meet halfway. My ex was the supervisor in the supervised visit and it proved to be difficult. I had no opportunity to bond as the mother kept pulling her back from me. In addition, I had to meet her at a mall, which also made it strange. I appreciate the advice of keeping everything in writing. I certainly will do that.

 

[LdiJ]

The ex who files the kid when they shouldn't is in trouble with the IRS but you must send her a letter requesting the SS# with a copy of the agreement pertaining to the filing of your child on alternating years. Send it certified, return reciept, signature required. Call the IRS and ask them what happens to the ex for intentionally defrauding the government, what ever they tell you put in the letter and request an answer in 4 weeks. Make copies of letters and keep reciepts. In the meantime, call SS and tell them that you lost the ss card and forgot your childs number. Do not go into specifics of the legal problem going on! If the ex doesn't care and you get the number from ss, you file and she will be in trouble with the IRS. If you don't get the number at all then you tell the IRS what she is up to, go to the local courts and file charges on her. She is intentionally defying a court order and will be in trouble. Do what I should have done, keep everything in writing. I MEAN EVERTHING. Keep a diary of what she tells you when it comes to anything with your child. Whenever you need to discuss anything of a serious nature do it by letter and request a reply in writing. Also, you never mentioned if she left Ohio with permission?

Well...the ex isn't actually defrauding the government. The IRS regs state that the CP gets the exemption unless the CP has provided a form 8332 to the ncp or there is an order that contains the CP's signature. If the child doesn't live with him and he can't prove that he is providing more than 50% of the child's support the IRS won't consider it as fraud at all....The CP might have to pay back the excess refund recieved...but it won't be fraud.

In addition, if the CP in this case is eligible for earned income credit, then the bulk of her refund won't have anything to do with the exemption. She is still entitled to the EIC even if the NCP gets the exemption for that year.

The IRS has historically honored state court orders that do NOT contain the CP's signature.. but the IRS isn't REQUIRED to do so...and they are backing away from that to some extent. They are required only to honor their own regulations.

 

[LdiJ]

~Since when do you have to have another "qualifying person" to claim head of household???????

Plus a childcare credit only helps if you have to pay in money,

And, yes you have to have the child 6 months+ to claim EIC.

Uh...I am an accountant and a tax preparer. You most certainly have to have a "qualifying person" in order to file as head of household.

 

[amyheald]

Sorry for any confusion. I knew I would not be able to file head of househould, get EIC or deduct childcare expenses. I was only stating what her letter said to me. She told me that I should let her file and make a settlement with her because I won't be able to claim any of the above.

 

[LdiJ]

Sorry for any confusion. I knew I would not be able to file head of househould, get EIC or deduct childcare expenses. I was only stating what her letter said to me. She told me that I should let her file and make a settlement with her because I won't be able to claim any of the above.

Its certainly possible that her claiming the child could have a greater overall economic benefit than you claiming the child and her claiming head of household and EIC (which she is still entitled to do). Therefore her suggestion may not be an unreasonable one. Her suggestion is also not illegal (since she would be entitled to the exemptions under the IRS regs)...just contrary to the court orders and the two of you are free to ignore the court orders if you are in agreement.

 

[Chelle0511]

Uh...I am an accountant and a tax preparer. You most certainly have to have a "qualifying person" in order to file as head of household.

~That's odd both accountants that I have had in the last 10 years had me claim head of household and my daughter is only a year old, so I didn't have a qualifying person. I was lead to believe that this was something that you could claim as long as no one else could claim you as a dependant.