Joey
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Anybody have any info on who should get to claim my son on our taxes? My ex wife and i divorced in 2002 and she has claimed him on taxes every year since. The problem is that she hasn't worked in over 10 years. Her first husband died in a car accident in '92 and they had three small children then and has lived off insurance money and social security for the kids ever since. When we divorced in 2002 we had a 1 year old. I didn't think of getting anything in the papers on the tax issue then(which i should have), but i have asked very nicely every year if i can claim him on alternating years and her response has been that i dont deserve to claim him, yet i am the one who is working a full time job(and more at times) and she is still getting over twic as much money a year as i am and STILL insists to claim him on taxes. This issue is being brought up in a hearing in March and i am looking for any info or case law that would show that since she isn't working she shouldn't i should be able to claim him on taxes. Any info anyone can give me would be awesome. Thanks everyone.
<added> I forgot to say that she has primary physical custody and we have joint legal custody but as i said she has not worked in at least 10 years and has lived off the kids and insurance settlements. her other kids are now 20, 19, and 15. I also forgot to say that in my motion i have asked for back taxes dating back to 2002 since she wasn't working then. any thoughts?
Edited by Joey (01/17/07 03:17 PM)
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matilda
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Reged: 11/11/04
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I think it might depend upon the norms for your state. Also the amount you pay in CS could be considered. If it is reasonable to assume you are paying 1/2 or more of the child's expenses you might get to claim the child every other year. If you are paying for low CS, the judge may continue to allow the BM to claim him. If you give your state someone might know the norms.
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Joey
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thanks M,
I am in Nevada and am paying gthe limit on child support fofr my income(508 a month)...as i stated she filled out a affidavit of financial condition and states she is making nearly 70,000 a year in basically free money.....i make less than half of that working
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matilda
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You are in luck, I've actually consulted with an attorney in Nevada on CS issues. What he told me was that if you are paying that amount of money you would probably get to claim the child every other year. He also stated that if CS was lower like $200-300 it would be less likely. If you live near CC I know a good family law attorney you might want to consult with.
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Avaya
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Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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What income does she have if she's not working? Life insurance proceeds don't count. SS doesn't count if there is no other earned income. So why is she filing?
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Eternity is too long to be wrong.
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matilda
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I've read the NRS codes for Nevada numerous times. I don't remember anything specific about claiming tax deductions. I think a lot just depends upon how you present your case, the mood of the courtmaster, and whatever. Nevada does allow for deviations in CS amounts for subsequent children, extraordinary medical expenses, parenting time etc. If you haven't I suggest you take a few minutes to read the NRS codes.
In my research I haven't found specific case law as to tax deductions. I know that melaniemiller lives in Nevada and might have more info. on this. Try posting under step families and use her user name as the subject.
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Miranda
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Loc: North of Mexico
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Quote:
What income does she have if she's not working? Life insurance proceeds don't count. SS doesn't count if there is no other earned income. So why is she filing?
Because our screwed up gov.t gives returns to people who do not work. My h's ex got a return when she was on welfare collecting food stamps, section 8, and TANF and still got a return claiming two of her kids.
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13.1...because I am only half crazy!
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Avaya
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Loc: Arkansas
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I don't know. While not flawless, our tax software is pretty accurate. We file hundreds of returns each year. I plugged in a HOH with 2 dependents and no income - NADA. They go the telephone credit and nothing else. I played with interest income and SS benefits and still nada. WITH the interest AND SS benefits, they got SOME Child tax credit, but not all of it. The child tax credit worksheet shows that you have to have $11,300 in EARNED income in order to get the credit. I'm still pretty sure that someone with no EARNED income cannot get any money from their tax return. I overrode the telephone credit to zero which made the return show no income, no taxes due, no payments made, no refund - and it disallowed filing it at all. You cannot file a zero return. So IF these people are indeed filing - they DO have some income. Chances are too that claiming the kids is not benefiting them any at all. One could get that telephone credit by claiming just themselves and not having the kids on there.
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Eternity is too long to be wrong.
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Miranda
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Loc: North of Mexico
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DO me a favor...plug in about 8K Gross (and I am being generous) and one child and see what kind of return comes up. Thanks
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13.1...because I am only half crazy!
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Joey
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Quote:
What income does she have if she's not working? Life insurance proceeds don't count. SS doesn't count if there is no other earned income. So why is she filing?
This is something i am not sure of........i have been digging for several years cause i am quite sure of some shady dealings going on but i cant find anything concrete yet.......
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matilda
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Well, Nevada doesn't consider CP income when calculating CS only the NCP's. I think you have a good shot of getting the deduction every other year.
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Joey
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are you sure about the CP's income not being considered? I have read in a few places on legal forms where the "relative income of BOTH parents" is considered.
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matilda
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In Nevada it is a pecentage of NCP's income, I believe 18% of the gross for one child, 25% for two. They might consider CP's income to justify deviating from this percentage. Some states use income share to determine support. They might also consider parents relative income to determine who pays for medical, insurance, etc. Look at the NRS codes and you can see a fairly clear explanation. Now you can always agree to deviate from the guidelines.
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Joey
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anyone have any thoughts on my chances of getting the back taxes from previous years? Any ideas on the track i should take in that effort?
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Miranda
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Loc: North of Mexico
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Quote:
anyone have any thoughts on my chances of getting the back taxes from previous years? Any ideas on the track i should take in that effort?
You would have to file a 1040X which is an ammended return. I did it four times in the past.
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13.1...because I am only half crazy!
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Joey
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actually what i meanat is any thoughts on my chances of getting a favorable judgment in the case to be able to file the back taxes(or as i am asking for her to just pay me the money since she has plenty of it)
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matilda
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I believe that the matter of the tax deduction wasn't mentioned in your previous CO. I highly doubt that the state would give you a deduction retroactively. If you were granted a deduction every other year it would resume after the CO. When my SO had his CS modified the courtmaster did not reduce his CS retroactively. BM sought an increase in CS, but actually got a decrease. The reason being that since BM was the CP losing the money retroactively would hurt the child. Now if should would have gotten her CS increase, most likely the courtmaster would have made the increase retroactive to the date of filing. IMHO I think it should work the same way for both increases and decreases. From the date BM filed until the hearing was about 8 months-bureaucratic mess ups caused delays.
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Joey
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Well it shouldn't hurt the child in this case as she has a couple hundred thousand dollars sitting around from selling her and her deceased grandmothers house. Even though it wasn't in our CO i asked her every year if we could work something out on a yearly/bi yearly basis and she said no every year and that i "didn't deserve to claim our son taxes".
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AnneB
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If it wasn't in the court order, I don't think you stand even a slim chance of making her amend her tax returns.
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matilda
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I guess it may be a hard lesson to learn. If you don't like something then you need to get it changed legally in a timely fashion. Please let us know how things turn out for you when you go to court. Are you in the CC or LV area?
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Joey
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Las Vegas
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