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raider
journeyman


Reged: 09/26/09
Posts: 97
Claiming Child on taxes every other year
      #606848 - 12/02/09 08:58 PM

me and my ex went to court last year ( actually she didnt show up) and i am now able, by order, to claim dd every other year for tax purposes. EX doesnt know that for sure that it is "the order" becuase she moved before the papers we mailed to her so they were returned to my atty.

My question is if my x files before me, obviously she gets the return. But if i have the court order stating that it is my turn, how do i get reimbursed????


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Sherron
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Reged: 11/25/06
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Re: Claiming Child on taxes every other year [Re: raider]
      #606873 - 12/02/09 09:46 PM

Based on what I've seen... you will both get the refund, but the IRS can audit you both to determine who rightfully gets it; the other parent will have to pay back the refund. The co should hold. Ideally, you would get the cp to sign form 8332.
w ww.irs.gov/app/vita/globalmedia/8332.pdf

BTW, only the cp can claim the EIC, if they qualify income-wise, never the ncp. For more info, and what you should include to proof your case and possibly prevent an audit:
w ww.irs.gov/pub/irs-pdf/p4449.pdf

Also, if the cp files first claiming the child, the ncp's electronic return will be rejected, and a paper copy will need to be filed.


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M5M5
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Reged: 07/29/05
Posts: 11807
Re: Claiming Child on taxes every other year [Re: raider]
      #606940 - 12/02/09 11:57 PM

What we have always done, is file the CO along with the taxs (we used H&R Block in past years...so they had the CO on file showing when we get to claim which child).

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googledad
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Reged: 12/31/05
Posts: 10213
Re: Claiming Child on taxes every other year [Re: raider]
      #606942 - 12/03/09 12:08 AM

The IRS doesn't care about your decree . In the absence of the correct form , the dependent exemption goes to the CP . You'll need to file for contempt for satisfaction .

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CuriousGeorge
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Reged: 01/15/09
Posts: 216
Re: Claiming Child on taxes every other year [Re: googledad]
      #606945 - 12/03/09 12:41 AM

I believe googledad is correct. By federal law, the CP automatically gets the deductions unless the CP voluntarily signs the 8332.

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You never know someone until you divorce them.


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M5M5
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Reged: 07/29/05
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Re: Claiming Child on taxes every other year [Re: googledad]
      #606980 - 12/03/09 07:53 AM

Just telling you what we were told to do, and we've had no problems. That may be because BM wouldn't dare claim the kids on our year...who knows. We don't send the IRS our CO...we have it on file at our tax preparer's office.

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M5M5
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Reged: 07/29/05
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Re: Claiming Child on taxes every other year [Re: CuriousGeorge]
      #606981 - 12/03/09 07:53 AM

CP can be ordered to sign that form.

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Avaya
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Loc: Arkansas
Re: Claiming Child on taxes every other year [Re: M5M5]
      #606992 - 12/03/09 08:22 AM

Judges *think* they can decide who gets to claim a child, but in reality the Federal Government decides that thru the IRS. The IRS is going to give the exemption to the parent that QUALIFIES for it (see irs.gov). If she takes the exemption in your year, your only recourse is civil court or family court and the charge would be contempt of a court order. The IRS is NOT going to go to bat for you if she qualified to claim the dependent. If the parents AGREE, the IRS doesn't care which of you claims the child, but if both of you do, and the child spent more overnights with the mother, they will side with her no matter what your court order says.

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youngatheart
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Reged: 09/03/05
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Re: Claiming Child on taxes every other year [Re: googledad]
      #607003 - 12/03/09 09:02 AM

I know people say that, but we never had issues when I was married to Ex and his ex-wife pulled this. They simply mailed a letter stating that two people claimed the child. We mailed back the divorce decree...problem solved. *shrug...

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JennyLynn
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Reged: 07/14/05
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Re: Claiming Child on taxes every other year [Re: youngatheart]
      #607005 - 12/03/09 09:05 AM

Yup, happened to XH when BM claimed their daughter on his year one time as well. Mailed in the CO, and it was done with.

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