frustration2much
member
Reged: 08/26/05
Posts: 109
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If you end up getting an answer from a lawyer I would love to hear what the answer "law" is on this one. I do see your point azchickie!!
The court order is not in effect for the rest of her life. She is emancipated according to you. If the visitation order and child support orders are no long in effect then why should the tax be??
Susan in what year do you think the dad no longer gets to claim the child in odd numbered years?
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azchickie
recently joined
Reged: 02/25/07
Posts: 5
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She is not emancipated according to me. It is on the divorce decree that emancipation is at 18. Yes he did pay child support till July, however she lived with me and I supported her the entire year, which would be over 50%.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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YOU are bound by your court order. Not irs.gov.
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13.1...because I am only half crazy!
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AnneB
Carpal \'Tunnel
Reged: 09/21/05
Posts: 3645
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If she gets an answer from a lawyer in her state, I would also love to hear the answer since my daughter who WORKS for the IRS says that once the order for CS expires, the IRS goes by their test. And I think most people would agree that once the order to pay expires, the CS order is expired. Because if is isn't expired, then why doesn't the payor have to keep paying? Otherwise, what if CS stopped in January? Who would possibly think it was fair that the payor got to claim the child? So, their test is once the order expires, that is it. Besides that, as I pointed out in another post, the child has a right to claim themeselves if they get a full time job after graduation. The court order cannot cannot divest them of the right to claim themselves once the provision to pay has expired and they are legally an adult..
So, are CPs required to enforce visitation for the remainder of the year in which the child turns 18 or anything else? IF the tax exemption determination lasts until the end of the year in which the child turns 18, then so should the CS.
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frustration2much
member
Reged: 08/26/05
Posts: 109
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I agree with Anne. Please let us know if you get anymore infomation azchickie.
Very interesting topic. Oh, by the way I didn't mean "according to you she is emancipated" in a negative way. I totally understand and agree that why should bits and pieces of the custody order be in effect but not the others!
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joym525
old hand
Reged: 03/13/07
Posts: 756
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My SD turned 16 this year and we get to claim her on the even years. He said that starting at 17 years ol you no longer get the $1000 child tax credit but would get to claim the educational expenses paid...so I would think he could claim her until she was no longer college age.
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azchickie
recently joined
Reged: 02/25/07
Posts: 5
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Some people wanted to know my results...I have gotten information from 2 lawyers...in a nutshell they both agreed that since she lived with me 100% of that year, she was not going to college and barely working that I have the right to claim her. Also both suggested that the IRS would probably not go according to the divorce in which case they would go by their test which would also be in my favor. For added measure I went to a local IRS office and also called the 800#. The man in the office was 90% sure they would follow their test only. The woman at the 800# gave 100% in my favor.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Wow, what statistics "he is 90% sure", "she is 100% sure". The IRS is NOT bound by your court order, you are.
I called the IRS on 16 March to find out where my tax return was. The operator told me "100%" it was going to be direct deposited. Then when it was not, I called back the following Monday and was told "100%" it was mailed off on the 16th. Then last Friday, April 6th, I was told there was a paperwork delay and my check was mailed on a hard copy check versus direct deposit.
Boy those IRS operators hold a plethora of (100% correct) information don't they?
Good luck, I hope everything works out for you.
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13.1...because I am only half crazy!
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