onelove6
recently joined
Reged: 01/23/10
Posts: 14
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check it out. my wife left me in june to live with her boyfriend and took my son. we were living over her moms at the time. there is no set custody but yet she claims my son? mind you that means i cannot claim daycare for last year. whoever claims the child gets the daycare credit too. that is insane. so what this boils down to is she feels she has an upperhand so she quit her job has tons of bills and my son lives with her boyfriend. i had our son for the majority of the time anyway. so instead of my son benifiting from the refund she is paying her bills. OK why would you quit your job in this type of economy? so another words the loving husband i was and everything else that goes with that is getting screwed because my POS of a wife decided to change her life with total disregard of her family. sorry i just feel like i dont deserve any of this.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Do you see your son at all? Is there no temporary custody or anything set?
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onelove6
recently joined
Reged: 01/23/10
Posts: 14
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while she was working i had him everyday. she had him on days off. plus i had him on weekends. there is no temp custody or nothing set. she should be recieving a letter of default soon. she failed to respond to absolute divorce and full custody papers my lawyer had sent. i see him on weekends still. which is basically 2 days 5pm fri until 5pm sunday. which is unfair. i didnt ask for any of this now i have to suffer.
Edited by onelove6 (01/27/10 01:32 PM)
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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If you have joint custody, which it sounds like you will have - you need to have it put in your court order that you claim your son every other year. That way, you will be able to claim him next year.
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onelove6
recently joined
Reged: 01/23/10
Posts: 14
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my lawyer should start clueing me in on what i need for court. im guessing he will let me know when we get a court date.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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So I'm assuming you've filed for divorce? Or one of you have? How far away from you does she live?
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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Quote:
you need to have it put in your court order that you claim your son every other year. That way, you will be able to claim him next year.
IRS says that post 2008 divorce orders have ZERO authority over dependency exemptions. They FINALLY put that in the regs this year after it being an unwritten rule forever. What the divorce decree says about who claims who will not be honored by the IRS any longer. (and as a rule, it never was, but occasionally if one side backed down, I know it was)
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Eternity is too long to be wrong.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Thanks Avaya - I didn't realize that.
So I guess it will only be honored in already existing CO's?
If he has his child half the time though, he can still claim him EOY if it's in their CO though, is that correct?
I claim DS every year, so it doesn't affect me. I hadn't realized they changed the laws.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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From IRS Publication 501
[censored]://[censored].irs.gov/publications/p501/ar02.html#en_US_publink1000220910
"Post-2008 divorce decree or separation agreement. Beginning with 2009 tax returns, the noncustodial parent can no longer attach pages from the decree or agreement instead of Form 8332 if the decree or agreement went into effect after 2008. The noncustodial parent will have to attach Form 8332 or a similar statement signed by the custodial parent and whose only purpose is to release a claim to exemption."
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Eternity is too long to be wrong.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Ah OK, so the NCP can still claim the child - but they are required to have the 8332 signed by the CP?
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