kjst1more
recently joined
Reged: 07/31/07
Posts: 3
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Hi, 1st off i apologize for the repetition of this question.
i am the cp w/sole custody. didn't work last 2 years, so didn't file taxes. we have no income other than cs.
just found out that ncp claimed our kids and the credit(s). w/o my signing the form. he admitted it when i asked.
should i do anything about that?
once i return to work in a couple of months, i still won't have made enough to file a return next year, yet, once i am able to, i will be claiming the kids.
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matilda
Pooh-Bah

Reged: 11/11/04
Posts: 2087
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Maybe you can ask that the NCP give you half of the extra money that was credited due to claiming the kids. It sounds like it didn't do you any harm with the NCP claiming them. I would just worry about setting up a precedence. You could always file a tax return on paper claiming them and forcing the NCP to relinquish the credits. Maybe a compromise of putting money into college accounts that require both your signatures?? I'd definitely talk it over with the NCP before doing anything in an attempt to keep things more amiable.
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kjst1more
recently joined
Reged: 07/31/07
Posts: 3
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thanks, those are great suggestions. i don't want any problems, i've heard too many horror stories.
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Avaya
Carpal \'Tunnel

Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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No, you cannot file a tax return...because you did not have any income to report. I don't think there is anything wrong with him claiming them. The IRS *really* doesn't care about the release form, except when two parties attempt to claim the same children. If only one person claims them, they could not care less about that form. The father did nothing wrong, the exemptions would have been lost had he not taken them. It didn't cost you anything for him to do so, so IMO you need to not stir up junk where there is none. If you don't "want any problems" you really need to let it go. Next year, give him the form and let him know that you will provide it periodically for him but if you do not, (ASSUMING your CO and circumstances ALLOW YOU TO CLAIM THEM) then he risking his refund by claiming them without discussing it with you.
-------------------- Eternity is too long to be wrong.
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Miranda
Carpal \'Tunnel

Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Well you could not claim them, and since he pays child support he really should get the exemption. What is the real problem?
-------------------- 13.1...because I am only half crazy!
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Yes_Dad
Carpal \'Tunnel

Reged: 08/23/08
Posts: 7406
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Quote:
Hi, 1st off i apologize for the repetition of this question.
i am the cp w/sole custody. didn't work last 2 years, so didn't file taxes. we have no income other than cs.
just found out that ncp claimed our kids and the credit(s). w/o my signing the form. he admitted it when i asked.
should i do anything about that?
once i return to work in a couple of months, i still won't have made enough to file a return next year, yet, once i am able to, i will be claiming the kids.
Instead of hitting divorce boards, hit jobboards and make a contribution to the financial upbringing of your kids, not to mention yourself.
Why should you get it? You didn't lift a finger to pay a tax.
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christine1
addict
Reged: 04/21/08
Posts: 439
Loc: Ma
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I don't see anything wrong with him claiming the children if you did not even file a tax return. You obviously would have received nothing anyways so why shouldn't he benefit? Especially if he is paying his childsupport, etc.
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