Taxes... Just to be absolutely sure.

[Whyte Noise]

What is the name of your state? Missouri/Georgia

Divorce decree issued in Ga. in 2002. In decree, ex is to claim 2 oldest as exemptions on his state and Federal return, and I am to claim youngest as an exemption on my state and Federal returns. (Note that the word "exemptions" is the actual wording.)

I filed my taxes last week. I claimed YDD as an exemption (per the decree), then listed YDD and ODD for the EIC because all 3 children lived with me for 7 months last year. According to MY understanding of the IRS rules, whomever the child lived with the majority of the year is the ONLY person that can get EIC for them. Therefore, my ex couldn't legally claim EIC for them at all, because they only lived with him for 5 months. Is my assumption correct?

His wife called me this morning saying their taxes were all f*d up because I claimed ODD... and I told her NO, that I only claimed YDD as an exemption, as the decree states, but that I DID list ODD for the EIC as well, since I am the one legally entitled to take that credit. She told me "your ass is going to jail." I just basically told her to go ahead with her bad self, because if the ex wouldn't have LIED on his taxes and stated the TRUE amount of time the kids were with him last year, then they wouldn't be in this mess to start with. He would have found out from his tax preparer that he didn't qualify. The call ended with a "F* you MG".

Now, when I filed, I stated the kids had lived with me for 7 months (from June thru December) last year. I filed online, and the tax preparation software as well as the IRS rules say that I am the one to get EIC.

Just looking for clarification as I know there are a few accountants and tax preparers on here.

 

[CMSC]

What is the name of your state? Missouri/Georgia

Divorce decree issued in Ga. in 2002. In decree, ex is to claim 2 oldest as exemptions on his state and Federal return, and I am to claim youngest as an exemption on my state and Federal returns. (Note that the word "exemptions" is the actual wording.)

Might want to post in Tax Law if you haven't yet...this is direct from IRS website...

"If you have a child, is your child a qualifying child for E.I.C.?

A qualifying child is a child who meets certain relationship, residency, and age requirements. The child must be your son, daughter, adopted child, grandchild, stepchild, or eligible foster child. Your brother, sister, stepbrother, or stepsister (or a descendant of your brother, sister, stepbrother, or stepsister may also be a qualifying child if you care for this individual as you would your own child). An individual is an eligible foster child if the child is placed with you by an authorized placement agency and whom you cared for as you would your own child. Your child or foster child must have lived with you in the United States for more than half the year. Military personnel stationed outside the United States on extended active duty are considered to live in the United States during that period for EIC purposes. Your child must be under age 19 at the end of 2003 (or under age 24 at the end of 2003 and have been a full–time student during 2003), or any age if permanently and totally disabled. Refer to Publication 596 for exceptions to the time your child must have lived with you. "

Here is another site that has about hte same info http://taxes.about.com/library/weekly/aa011000a.htm

 

[haiku]

you are correct, ex's wife is an idjeet.

 

[wenwas]

i have 3 children my daughter with my husband and 2 sons from previous relationships. i claim one son on the odd years and the other on even, but since i have primary placement of both i claim all 3 for eic in my state taxes. last year i my ex tryed to claim the youngest boy for eic, the state sent us both a questionaire about how long the child lived in you home and where else the child lived. since he lives with me and visits on the weekend i got the eic and he didnt. but since he owes so much back cp even if he got the eic i still would have gotten the money anyway. lol

 

[Grace_Adler]

I'm sorry, I don't mean to hijack but I am lmao @ haiku!

I wish I could be of some help MG.