For the Divorced Dads - claiming the kids as the non-custodial parent on YOUR tax return (1 Viewer)

Danleco

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Its almost year-end, which means I perform the annual ritual of checking what my tax return is going to look like.

Or tax bill, as is the case this year.

Now, I'm divorced with 3 little kiddos. Last year, the ex-wife signed over her right to claim the kids on her taxes to me, and I paid her for the right to do so. The logic being that I can pay her the difference on her tax refund from claiming the kids, which last year was less than $1000 since she has no income, and I can claim them, resulting in a benefit of 4x that to me.

This year, there is the same issue. Claiming the kids would result in a tax bill of less than $100 to me, NOT claiming them means I would owe the accursed IRS upwards of $5000.

I've told the ex that I would gladly pay her for the right to claim them again this year. Her response was that she'll have to consider it, and weigh the "ethics" of doing so. What ETHICS?! This is a completely legal situation, especially considering the IRS has a FORM that she has to sign for me to even have the RIGHT to claim them!

Grrr.... ex-wives can be maddeningly frustrating. I told her, sincerely, that I rather pay her the money than give it to the government. At least that way my kids benefit, by proxy of course, since I can't give them the money directly.

Anyone else have this issue? Anyone have some advice on how to deal with an insane ex-wife that thinks a perfectly LEGAL situation is somehow unethical?

Or, better still, could someone sane explain to me what is unethical about this?
 

B-Train

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Or, better still, could someone sane explain to me what is unethical about this?

I guess it just depends on how she views you as a father? Best of luck to you though, divorces are messy things
 

brophy

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Lol

Thinking this rationally. That's your first mistake.

I have tax claiming 'rights' in my divorce settlement. If she claims my son before I can file my return....guess what? She gets to claim him and there is nothing I can do about it.
 

Norwajun

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Its almost year-end, which means I perform the annual ritual of checking what my tax return is going to look like.

Or tax bill, as is the case this year.

Now, I'm divorced with 3 little kiddos. Last year, the ex-wife signed over her right to claim the kids on her taxes to me, and I paid her for the right to do so. The logic being that I can pay her the difference on her tax refund from claiming the kids, which last year was less than $1000 since she has no income, and I can claim them, resulting in a benefit of 4x that to me.

This year, there is the same issue. Claiming the kids would result in a tax bill of less than $100 to me, NOT claiming them means I would owe the accursed IRS upwards of $5000.

I've told the ex that I would gladly pay her for the right to claim them again this year. Her response was that she'll have to consider it, and weigh the "ethics" of doing so. What ETHICS?! This is a completely legal situation, especially considering the IRS has a FORM that she has to sign for me to even have the RIGHT to claim them!

Grrr.... ex-wives can be maddeningly frustrating. I told her, sincerely, that I rather pay her the money than give it to the government. At least that way my kids benefit, by proxy of course, since I can't give them the money directly.

Anyone else have this issue? Anyone have some advice on how to deal with an insane ex-wife that thinks a perfectly LEGAL situation is somehow unethical?

Or, better still, could someone sane explain to me what is unethical about this?


There's nothing unethical about it. I'll tell you like my attorney told me: if you are paying the majority of the support for the kids then it is your right to claim them. IMO, you shouldn't have to pay a DIME to her for the "right" to claim YOUR kids on your return.
 

wamland

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I though it came down to who the children were living with 51% or over of the time.
 

Norwajun

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I though it came down to who the children were living with 51% or over of the time.

When I divorced my first wife in Louisiana my attorney informed me that I could take the deductions for both children because I was paying over 70% of their care. As a concession I took one deduction and she took the other.

I'm just relating my experience. I have no flipping idea if what my attorney told me is factual or not, but I doubt he would've steered me wrong.
 

parlorcitysaint

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She knows that you're saving far more than what she's seeing. She wants more money. You ain't figured this out yet?
 

NCSaint

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Good luck. I paid the majority of my kids support and never rec'd the tax deduction. Never...not once.
 

boutrous

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My wife has one kid from a divorce, and eventhough I know we pay the majority of the support costs and she lives with us over 50% of the time, we share claiming her by swapping alternate years with her ex.
 

Colin311

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My son's mother and I swap years on who's to claim him. At first, I calimed him every year because she never worked and the judged ruled in my favor on that.
 

BIG E

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Custodial parent has the right to claim them. There is nothing illegal or unethical about the non custodial parent claiming the child if he will get back more money.
Which brings me to another point: Women are the Debil.:ezbill:
 
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Danleco

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I though it came down to who the children were living with 51% or over of the time.

According to the IRS, yes. Whichever household the kids sleep in 51% of the days of the year, the parent of that household has exclusive right to claim them on their tax return. The divorce decree, or so my attorney told me, is unenforceable, even if it says otherwise, because this is not a state matter - its federal.

That's why the IRS has the form, though. The custodial parent can sign over the right to claim the children, allowing the non-custodial parent to do so.

To another poster's comment that she wants more money... I doubt it. I pay an ungodly sum in child support already ($1700 a month, which is why the lazy woman doesn't work. You know what she does with that money, my KID'S money? She's going back to school, for the fifth time. Will she FINALLY get her bachelor's??????), and she never complains about money.

This woman's notions of right and wrong, ethical & unethical are completely out of sync with the majority of modern society, and this is just another frustrating example. IF she decides to not let me claim them, I'm out big bucks, and there's nothing I can do about it.

Just another way we divorced fathers, who love our kids, get screwed, royally, by the government.
 

Norwajun

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According to the IRS, yes. Whichever household the kids sleep in 51% of the days of the year, the parent of that household has exclusive right to claim them on their tax return. The divorce decree, or so my attorney told me, is unenforceable, even if it says otherwise, because this is not a state matter - its federal.

That's why the IRS has the form, though. The custodial parent can sign over the right to claim the children, allowing the non-custodial parent to do so.

To another poster's comment that she wants more money... I doubt it. I pay an ungodly sum in child support already ($1700 a month, which is why the lazy woman doesn't work. You know what she does with that money, my KID'S money? She's going back to school, for the fifth time. Will she FINALLY get her bachelor's??????), and she never complains about money.

This woman's notions of right and wrong, ethical & unethical are completely out of sync with the majority of modern society, and this is just another frustrating example. IF she decides to not let me claim them, I'm out big bucks, and there's nothing I can do about it.

Just another way we divorced fathers, who love our kids, get screwed, royally, by the government.

http://www.irs.gov/formspubs/article/0,,id=207333,00.html

...Post-1984 and pre-2009 divorce decree or separation agreement. If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. The decree or agreement must state all three of the following.

The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
The custodial parent will not claim the child as a dependent for the year.
The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent...



My decree was final in 2001.
 
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Danleco

Danleco

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http://www.irs.gov/formspubs/article/0,,id=207333,00.html

...Post-1984 and pre-2009 divorce decree or separation agreement. If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. The decree or agreement must state all three of the following.

The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
The custodial parent will not claim the child as a dependent for the year.
The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent...



My decree was final in 2001.

Mine was finalized in 2009. Bummer. Missed it by a few months.
 

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