Tax question LDij?

[jbowman]

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

I am wondering in what situation would a court order that the NCP be allowed to claim child on their taxes? Does it have to do with the income of each parent?

If the NCP earns quite a bit more than the CP can it be requested and approved that the NCP claims the child?

 

[mistoffolees]

Unless there is something in the court order, then IRS rules apply - CP gets the deduction (with several tie breakers if they both have the same number of overnights).

The court order can order CP to sign an 8332 form giving NCP the deduction under any conditions it chooses. It could say that CP has to sign the form if NCP spins around in circles and says "Mistoffolees is great". Or it could do so for even numbered years. It could even do so only on the condition that all child support is current as of Dec 31. There is almost no limitation to the conditions that the court could put on who gets the deduction - as long as they're not illegal).

It would not be uncommon for the court to order NCP to get the deduction in cases where NCP earns more. However, be careful here - with AMT, the deduction may not be worth anything to a higher paid individual.

 

[jbowman]

It would not be uncommon for the court to order NCP to get the deduction in cases where NCP earns more. However, be careful here - with AMT, the deduction may not be worth anything to a higher paid individual.

And if this were the case - would this be the reason given by the NCP to request to the court to claim the child?

i.e. "Your honor, I request that I be able to claim child due to the fact that I have a higher income?"

 

[mistoffolees]

And if this were the case - would this be the reason given by the NCP to request to the court to claim the child?

i.e. "Your honor, I request that I be able to claim child due to the fact that I have a higher income?"

NCP doesn't need to have ANY reason to request it if you're in the middle of the divorce process.

In a divorce, each side tells the judge what they want. Ultimately, the judge will have to make a decision based on what's fair, but that doesn't mean you need a legal justification to ask for it.

Seriously, if you're letting the judge decide everything, neither of you is likely to be happy with the results - and the cost increases exponentially. It's far better if you can sit down and decide these things - or use a mediator, if necessary.

 

[signspinner]

hmmmm

what happens if you just claim the child anyways without permission? Like for 2010 you were sole supporter financially and thats why you claim kid?

 

[mistoffolees]

what happens if you just claim the child anyways without permission? Like for 2010 you were sole supporter financially and thats why you claim kid?

If you get caught, you repay all the back taxes and penalties. And if the person who is lawfully entitled to the deduction also claims it, you probably WILL get caught.

In theory, you could also go to jail, but probably not.

 

[stealth2]

what happens if you just claim the child anyways without permission? Like for 2010 you were sole supporter financially and thats why you claim kid?

Try it and find out!

 

[LdiJ]

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

I am wondering in what situation would a court order that the NCP be allowed to claim child on their taxes? Does it have to do with the income of each parent?

If the NCP earns quite a bit more than the CP can it be requested and approved that the NCP claims the child?

Each state really varies on how they handle exemptions for children if the parents are not in agreement.

My state, for example, virtually always orders that the parents alternate the exemption every other year. IL on the other hand, never awards the tax exemption to the NCP, they take it into consideration in the child support calculation instead.

I honestly don't know what CA's tendency is.