The Social Security Admin claiming taxes!!

[Pink Lotus]

What is the name of your state? Texas


I myself feel this is untrue, BUT any help or info much appreciated!

My Fiances' Ex told him yesterday that the Social Security Administration claimed their two children last year for taxes!!??

Can they or do they do this?

The reason taxes were brought up was because he and his ex have a notrized letter that they will alternated years on taxes!
My fiance did not claim the children last year with tax season. She told us her mother would be earlier this year!
(Her mother might I add did claim them illegally)

They are now trying to add to the custody papers to alternate tax years. She however has no income. Only SSI for the two children.
He told her that since she claimed the girls or since her mom did and gave her half the money that he would be claiming the children this year(08), but her statement was that No the Social Security Administration did!!!

 

[TinkerBelleLuvr]

No, social security does NOT claim the children.

If he is going to file for a modification, he needs wording of the nature that specifies in which years he can claim. In addition, he needs to add that if the mother does NOT have taxable income, that he can then claim them that year.

 

[Pink Lotus]

No, social security does NOT claim the children.

If he is going to file for a modification, he needs wording of the nature that specifies in which years he can claim. In addition, he needs to add that if the mother does NOT have taxable income, that he can then claim them that year.

Taxes are not addressed thus far. There is not a permanant order set yet. Only Temporary and it does not address any taxes.

They had an agreement Notorized that IRS said was appropriate.

 

[Pink Lotus]

No, social security does NOT claim the children.

If he is going to file for a modification, he needs wording of the nature that specifies in which years he can claim. In addition, he needs to add that if the mother does NOT have taxable income, that he can then claim them that year.

Also wanted to Thank You**************

 

[TinkerBelleLuvr]

Here's some reading from the IRS website

http://www.irs.gov/faqs/faq-kw169.html

http://www.irs.gov/publications/p501/index.html

The IRS covers this pretty much. It will help you understand what you want to have in the modification.

 

[Pink Lotus]

Thanks Ginny!!!

 

[Melody70]

Pink Lotus,

My husband just went through a child support modification in Texas. His child support was increased to $800 a month so he asked his attorney that since the amount was so high would he be able to claim his son at least every other year. HIS attorney said no because it was a federal law that only the custodial parent could claim the child. I know that isn't true, but maybe it's a Texas law. I'm not sure but my husband is not allowed to claim him ever according to his attorney.

 

[fairisfair]

Pink Lotus,

My husband just went through a child support modification in Texas. His child support was increased to $800 a month so he asked his attorney that since the amount was so high would he be able to claim his son at least every other year. HIS attorney said no because it was a federal law that only the custodial parent could claim the child. I know that isn't true, but maybe it's a Texas law. I'm not sure but my husband is not allowed to claim him ever according to his attorney.

that is not correct. first of all it is IRS regulations that govern taxes and either parent can claim the deduction, perhaps it is the EIC you are thinking of. There are no individual state laws on Federal income tax, so no, this is not something that would be specific to Texas.

 

[TinkerBelleLuvr]

Pink Lotus,

My husband just went through a child support modification in Texas. His child support was increased to $800 a month so he asked his attorney that since the amount was so high would he be able to claim his son at least every other year. HIS attorney said no because it was a federal law that only the custodial parent could claim the child. I know that isn't true, but maybe it's a Texas law. I'm not sure but my husband is not allowed to claim him ever according to his attorney.

GENERALLY, when calculating child support, they consider that the custodial parent will claim the child and set support accordingly. The tax credits received by the parent claiming the child helps offset some of the costs. Now, the parents can determine in their court papers how they want to claim the children.

With my boys' dad, HE always recieved the oldest and I received the youngest and we alternated the middle one.

With the girls, I get the tax deductions. Period.

 

[Melody70]

Fairisfair,

I believe you are right, my husbands attorney pretty much lied to him. He knew what he was asking for. My ex and I have a child support order through Ohio and we alternate every other year, that's why I thought maybe it was just a Texas law.

Ginny,

Texas doesn't take in account the custodial parent getting the tax offset for calculating child support. Texas figures a flat percentage of the obligors income only.

Here is a link to what an economist has written about Texas's child support. He is a qualified expert on the subject and has been hired by other states to help change their guidelines.

http://www.guidelineeconomics.com/files/TX_CS_060712.pdf

 

[TinkerBelleLuvr]

Texas doesn't take in account the custodial parent getting the tax offset for calculating child support. Texas figures a flat percentage of the obligors income only.

Indirectly, it has been taken into account that taking the child's deduction from the taxes will help reduce the financial burden on the custodial parent. They got to that 20%, etc. by calculating that.

 

[LdiJ]

Pink Lotus,

My husband just went through a child support modification in Texas. His child support was increased to $800 a month so he asked his attorney that since the amount was so high would he be able to claim his son at least every other year. HIS attorney said no because it was a federal law that only the custodial parent could claim the child. I know that isn't true, but maybe it's a Texas law. I'm not sure but my husband is not allowed to claim him ever according to his attorney.

Under federal law, the attorney was not incorrect...just slightly off. Under federal law only the CP can claim the children UNLESS the CP gives a signed form 8332 to the NCP releasing the exemption to him/her.

Now, state courts often award the exemption to the NCP, or at least every other year, but its technically not enforceable with the IRS, therefore if the CP doesn't comply with providing the signed form 8332, the IRS won't cooperate, and it would be up to the state court to sanction the CP in some way.