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

[parlorcitysaint]

My "kids" are 23 and 20. Both want to be with me.

 

[Big_L]

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

Same here.

You get screwed being a divorced man in this country. You pay child support, alimony, cant claim a percentage, nothing. Just get used to it and wait for the 18th birthday.

 

[Sebastian]

La R.S. 315.18

 

[CajunSaint]

Or just file your taxes first and she has to go through all holy hell to try and get it to where she can claim the kids on her taxes. ANd based on what you are saying, it will cost her a lot more money to fight it.

 

[Bleu Raeder]

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

Ditto. I am getting the college deductions though - but I am paying for that too.

 

[saintfan]

I am a tax professional and deal with this all the time. There is nothing unethical or illegal about claiming your own children. If you are the parent, you do not need to pay over 50%, nor even have custody of the children, as long as both parents agree.

There are certain criteria for claiming children. Among these are:

Residency. Where did the child live for the majority of the year. Whoever has the child for 50% + 1 day has the residency criteria.

Support. Who provided the majority of the support for the child.

The main issue here would be if Earned Income Tax Credit is applicable. From your description, it may be that your ex- has little earned income and would therefore qualify. If you owe $5,000 in taxes without the children, your income may be too great for EITC.

If in your divorce decree there is a stipulation that either of you can alternate years in claiming the children, she would have to go by the decree. Otherwise, the residency and support criteria could override your claim and she would get the credit.

Under today's strigent IRS requirements, even a divorce decree requires that the parent claiming the children must submit an IRS Form 8332,

The following site has specific information affecting your situation:
http://www.irs.gov/pub/irs-pdf/p4449.pdf

 

[saintfan]

Same here.

You get screwed being a divorced man in this country. You pay child support, alimony, cant claim a percentage, nothing. Just get used to it and wait for the 18th birthday.

If you pay alimony, you can deduct that from your taxes, and your ex- has to claim it as income on hers. You cannot deduct child support.

 

[saintfan]

Or just file your taxes first and she has to go through all holy hell to try and get it to where she can claim the kids on her taxes. ANd based on what you are saying, it will cost her a lot more money to fight it.

While that is a method, she would certainly have to prove she has the legitimate right to claim the child, but it wouldn't cost her any money, only time and patience.

However, the other parent would also have to likewise show the same proof of residency and support. So both parents would have to jump through the same hoops. If the parent claiming the child cannot prove a legitimate claim, then that parent would have to pay back the IRS, plus interest (and maybe a penalty), and they could also be be subject to not claiming the child for EITC purposes for 2-10 years.

 

[saintsfirst]

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.

seems she's not honest and fair to you. You should ask her if she doesn't find it unethical maybe to use the money you provide for your kids on her own behalf going back to school

 

[Danleco]

seems she's not honest and fair to you. You should ask her if she doesn't find it unethical maybe to use the money you provide for your kids on her own behalf going back to school

That's the perfect kind of logic I will throw back at her if she refuses my request. Thanks for that!