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SamsDad
journeyman


Reged: 04/29/10
Posts: 79
tax issues...now this...
      #776801 - 02/05/12 01:53 PM

its my year to claim our daughter on my taxes. Last year the ex claimed. In our divorce decree it states every other year. Anyhow, this year, the ex claimed EIC with my daughter as a non-dependent. My tax return came back rejected stating that any SSN of a child being used for EIC cannot be used on any other EIC return OR any other return in the same state. I called my ex to explain that by claiming our daughter on EIC that it won't allow me to claim her. She gave me the run around saying she did nothing wrong and the online tax site said she could...bla bla. I caught her in about 3 lies. I asked her in the beginning if she got her tax check back yet, she told me no. Then later in the convo she told me "i cant do anything about it because it's already hitting my account and just pending" - so I know something is fishy about it. The other thing she told me was that she claimed "head of household" well correct me if I'm wrong but I'm pretty sure you have to have a child dependent, spouse, or elderly parent (elderly or not, just another adult you're claiming) as a dependent in order to claim head of household. Anyways - I know she is lying and she is extremely defensive and is refusing to cooperate - this is what she does when she knows she has done something wrong but won't admit to it. I'm going to call the IRS tomorrow and see what they have to say about it. Anyone have any experience?

Furthermore,when I told her that tax fraud (which claiming head of household when you're not employed - which she isn't not to mention claiming our daughter on her taxes against the decree - who knows if thats fraud...?) could be a huge fine and even jail time - she got really condescending and told me "THe state will be coming after your for child support - just FYI". She just quit working. Before when she was working, she actually made about $100 more a montht than I did so neither of us paid support - which was agreed upon mutually. She is 9 months pregnant and quit working and lives with her boyfriend (has for the last 6 months) and now wants to come after me for child support. I make about $1600 a month - and we have 50/50 custody - she wont see much but I don't even know how the whole "coming after me for support" works. I haven't denied her anything. This is the first time she has brought it up!!? She didn't even ask me or tell me that she wanted child support until now, which I would gladly give as my duty to my child.

-I'm sure this is just a defense move for knowing she has now screwed me out of claiming my child on my taxes.


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Tweeby
Carpal \'Tunnel
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Reged: 06/05/04
Posts: 7100
Re: tax issues...now this... [Re: SamsDad]
      #776808 - 02/05/12 05:55 PM

What does your CO state as who is the CP and who is the NCP? Who had the greater number of overnights in 2011?

Your ex worked last year so she is to file a tax return. If your ex is considered the CP she is able to claim head of household and claim the child for EIC but not as a dependant. Only one person can claim a child as a dependant and only one can claim for EIC purposes but they don't have to be the same person in a tax year.

Your ex may not be lying because our tax refund is showing in my bank account as pending and will clear tomorrow (2-6). I can see it but I can't access the total amount yet.

From what you have mentioned so far I'm not seeing fraud from your ex at all. At the most a misunderstanding which many people make. If your ex is considered the CP than she can be considered to file for the child for EIC purposes if she qualifies and she doesn't have to claim the child as a dependant because of the divorce/separated clauses.

You can still claim the child as a dependant, just not for EIC. I have had no problems in the past not claiming a child as a dependant but claiming them for EIC purposes and yet claming a child as a dependant but not for EIC purposes. Never had a problem with each. Only once had a problem with my hsuband's ex claiming a child as a dependant when it was my husband's year so we had to file a paper return with our 'proof' (the CO) and we received our refund a few weeks later. The IRS send my husband's ex a letter asking for proof that she was to claim the child as a dependant that year and send proof or to return the money. Not sure what happened after that as it was none of our business.


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SamsDad
journeyman


Reged: 04/29/10
Posts: 79
Re: tax issues...now this... [Re: Tweeby]
      #776814 - 02/05/12 07:48 PM

We have shared custodial rights - 50/50. our divorce decree states that I have the right to claim any and all exemtion on taxes for 2011. Last year she claimed both the EIC and the tax credit for a dependent. This year it was my turn and she claimed the EIC already thinking that I wouldn't know to claim that this year. Either way, our decree states verbaitum that I am to claim our daughter for odd years and her in even. She is trying to pull the rug from under my feet because she is a greedy woman...not the first time it's happened.

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Tweeby
Carpal \'Tunnel
**

Reged: 06/05/04
Posts: 7100
Re: tax issues...now this... [Re: SamsDad]
      #776815 - 02/05/12 08:02 PM

IRS reg are different. There is dependant and than there is EIC. The IRS does state what to do if one parent is not named as CP in a CO and a simplified version is that is who has the most overnights and if it is equal than whoever had the most income is considered by the IRS as being the CP.

A CO can't override IRS reg. There is different criteria for a dependant for tax purposes and a dependant for EIC purposes. There are certain credits that a parent gets for claiming the child as a dependant for tax purposes. It sounds like your ex didn't claim the child as a dependant for tax purposes but for EIC.

I have no idea if she is correct in filing or not because there are a lot a variables that have to looked at and I don't work for the IRS. Read the different criteria for each out of the instruction booklet and the IRS regs.


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Goodmom
Pooh-Bah
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Reged: 06/17/07
Posts: 2084
Re: tax issues...now this... [Re: SamsDad]
      #776820 - 02/05/12 08:49 PM

So, who had your child more than 50% of overnights? Because overnights will only be even in a leap year, which is this year, not 2011.

If it was your ex, then you don't get to claim EIC (even if it was just one more night than what you had)but your ex does. That goes strictly to the parent who has the child the most overnights in the tax year. Just like HOH only goes to that parent. Even if the other parent gets the exemption and child tax credit.


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c_jane
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Reged: 04/06/07
Posts: 1866
Loc: In the Great State of Texas
Re: tax issues...now this... [Re: Goodmom]
      #777174 - 02/08/12 09:25 AM

if the CO states the OP is to claim 'any and all deductions for the child' in odd years, wouldn't that INCLUDE the EIC credit? At any rate, I would just do the claiming and submit my return with a cover letter stating your Ex already claimed X child but see the attached pages from your CO that gives YOU the deduction this year. Then Xerox the pages and attach them too. It will all be in the IRS's hands from then on.

--------------------
John Constantine: God's a kid with an ant farm.... He's not planning anything.


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Goodmom
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Reged: 06/17/07
Posts: 2084
Re: tax issues...now this... [Re: c_jane]
      #777238 - 02/08/12 07:34 PM

[quote]if the CO states the OP is to claim 'any and all deductions for the child' in odd years, wouldn't that INCLUDE the EIC credit? [/quote]

State law does not trump Federal Law. In order to qualify for HOH and EIC, the child has to live with you the most overnights in the year. Period. And if the child had more overnights with the mother (even if it is just one), then the only parent who is qualified to claim HOH and EIC is the mother. Period.

There is no debate. Nothing to argue. And the mother did nothing wrong in claiming EIC or HOH as long as she had the most overnights in the year claimed.

And the State court can't hold her in contempt for following the IRS regulations given that the other parent who did not have the most overnights did not qualify to claim either the HOH or EIC.

I really do think that family court judges should learn what the Federal law is when it comes to filing taxes and who can claim what.


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SamsDad
journeyman


Reged: 04/29/10
Posts: 79
Re: tax issues...now this... [Re: Goodmom]
      #777781 - 02/16/12 02:08 AM

She knew what she did was wrong and as soon as I told her I'd get the courts involved if she didn't amend her return, she called the IRS to see what she could do, and is filing a 1040x taking the EIC tax credit off of her return.

I WIN.

Thanks for your inputs!


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Goodmom
Pooh-Bah
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Reged: 06/17/07
Posts: 2084
Re: tax issues...now this... [Re: SamsDad]
      #777841 - 02/16/12 05:10 PM

[quote]She knew what she did was wrong and as soon as I told her I'd get the courts involved if she didn't amend her return, she called the IRS to see what she could do, and is filing a 1040x taking the EIC tax credit off of her return.

I WIN.

Thanks for your inputs! [/quote]

Well, that means one of two things:

1. You had the most overnights (because that is the ONLY way you qualify to claim either HOH of EIC)and she knows enough about the IRS rules and regulations to know that she would lose. In which case, it really is a win for you.

or

2. She had the most overngihts but wasn't savvy enough to realize that she still qualified to file HOH and claim the EIC and would not be in contempt of court for doing so given that you don't meet the requirements for either HOH or EIC. One of these days, she just may realize that, then you are SOL. And there's nothing you can do legally about it. And if this one is the case, it's not really a win as you just got lucky.

BTW, if she did have the most overnights and someone at the IRS tells her that she is actually the only one who qualifies to claim EIC and HOH, then you are SOL.


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Miranda
Carpal \'Tunnel
**

Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
Re: tax issues...now this... [Re: Goodmom]
      #777849 - 02/16/12 07:42 PM

No he's not, he has a court order that binds the two of them to the order. You know, the whole contempt thing. They are bound to the order, and while the IRS may not side with him, family court will and she will be the one that is SOL when she is paying punitive damages and money owed to him.

I would love for someone to go in on a contempt charge regarding taxes and claiming the children and tell the judge he/she should brush up on IRS rules and federal law and the whole "you can't tell me anything because publication x,y,z says I can"...uh huh that will go over FABULOUSLY.

--------------------
13.1...because I am only half crazy!


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