DadnKY
recently joined
Reged: 07/21/10
Posts: 2
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Hi everybody I'm new here. Anyway, I have 3 kids. On our co it list that I am to claim 2 of the 3 kids on alternating years as dependents on my taxes. I have joint custody with her(ex) being the primary custodian. When she did her taxes she claimed 1 child as dependent and the other 2 as non-dependent and head of household. This allowed her to get the earned income credit for all 3 kids. I really don't think this is how the judge meant for us to file. Just wondering if there is anything I can do about it?
Thanks
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3032
Loc: VA for 21 years, NC forever!
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She can legally claim as head of household, she fits the definition of the status.
Whether that's what the judge intended or not, as long as she didn't claim the kids as EXEMPTIONS, her tax filing status is legal.
I wouldn't die on this hill, the new IRS lawas clearly state that the custodial parent gets the deductions for the children as long as they are living in the custodial parent's home.
Unless you also qualify for the earned income credit, there's no harm, no foul here.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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Your ex didn't violate the court order unless she actually claimed the exemptions. Which it doesn't sound like she did. I list both of my kids, even when I let my ex claim one (I have both per court order) for childcare purposes. I don't qualify for the earned income credit(EIC) and I get the HOH even if my ex claims both kids (the kids live with me the majority of the year). To get the EIC, the kids do have to live with the parent for the majority of the year. The judge intended for you to get the exemptions, but the judge can't change the IRS regulations about who qualifies for HOH or EIC.
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DadnKY
recently joined
Reged: 07/21/10
Posts: 2
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Thanks for the replies. I think what I will do is file a motion to clarify the order. At least make the judge aware of what is going on.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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Quote:
Thanks for the replies. I think what I will do is file a motion to clarify the order. At least make the judge aware of what is going on.
Did your return get kicked back when you claimed the exemption for the kids? If so, then you have a case.
If not, your ex did nothing wrong. And you will pi$$ the judge off for wasting time. A judge can't order the IRS to change EIC qualifications or HOH status qualifications. And you may very well be ordered to pay your ex's legal fees for the frivolous motion.
Seriously, you are really grasping at straws here unless your ex claimed the exemptions.
It doesn't sound like there is anything to clarify. It just sounds like you are pi$$ed that your ex still got a tax benefit even if she doesn't get to claim the exemptions.
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youngatheart
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Reged: 09/03/05
Posts: 9394
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Earned Income Credit goes to the parent with whom the child lived more than 6 months out of the year.
So, in your case, she didn't claim the kids as dependants, but she DID claim them for EIC...which is what she should have done.
Legally, you can't receive EIC unless the child lives with you more than 6 months of the year, regardless of what the Court Order says.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3032
Loc: VA for 21 years, NC forever!
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You can file a motion to clarify but I wouldn't be surprised if the judge turned around and ordered that the exemptions/claim etc. would follow the IRS rules.
Then you are well and truly out in the cold -- IRS states that the custodial parent gets the deductions, period.
Right now, you're getting 2 every other year. The potential is that you get less or it stays the same.
Not a hill to die on. Your ex is following the IRS regs and claiming what she's permitted to claim. If you don't like that, that's not her issue -- you'd have to take that up with the IRS.
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1004SRS
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Reged: 12/11/06
Posts: 5044
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Did it effect you negatively? How do you know about her tax return, anyway?
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3032
Loc: VA for 21 years, NC forever!
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Good point, 1004 -- how would he know about what her tax return claimed?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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I am guessing he knows because it did in fact negatively affect him somehow.
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13.1...because I am only half crazy!
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