Start Your Divorce Today - Premium Divorce Online

Topic Options
#78999 - 02/18/06 03:51 AM claiming son on taxes
beachbunny Offline
recently joined

Registered: 02/18/06
Posts: 4
My sons father refused to report his new job to child support enforcement when he started back in November. He felt that he shouldnt have to and kept his old job on the side in which his child supports were coming from. Child support customer service said that they could not help. SoI hired a lawyer and just recently went to court to increase child support. He now went from his monthly payments of 140 to 543. He issued a petition for a joint parenting agreement that I have not signed yet but have reviewed it with my lawyer as well as himself and his lawyer. I had no problem with it and removed some of the issues that i felt did not need to be in there and he agreed. I have sole physical residential custody with his father having liable visitation with rights to make legal and major desicions regarding our son. His father had not problem with the agreement. However he is wanting to claim our son every other year on taxes. I felt that I should claim him since he resides with me and Im getting alot of very concern family members and friends stating that I should not let him claim him. He does see his son 2 days one week for overnight visits and the other week 1 weekday overnight and every other weekend. My lawyer says that I would be the one to claim him since he does reside with me majority of the year and the only way his father can is if he pays half of the child support on top of the set monthly pay. His lawyer and says thats true but since he is paying 543 which includes medical montly premium and agrees to pay half of schooling when our son does go that he should get to claim every other year.And that my sons father is giving up alot to be able to claim every other year. Im confused and dont know what to think and what exactly is he giving up. Yeah he paying child support but that the normal 20% for the state plus he has a part time job that he brings home about 200-300 a month and my lawyer decided not to go after that. Im being pulled and pressured into alot of diffrent directions and dont know what to decide. I feel that I should claim him but what would the judge look at if it is brought before him next month ?

Top
#79000 - 02/18/06 03:58 AM Re: claiming son on taxes [Re: beachbunny]
AnneB Offline
Carpal \'Tunnel

Registered: 09/21/05
Posts: 3645
I would not agree since you did not get CS from his second job and only get the standard 20%. If you were getting extras for sports, music, etc. then maybe. But don't let yourself be pressured into it. And from what I have seen on this board, when the parents are supposed to switch one of them seems to have a hard time remembering which year they are supposed to get and mess up the other parent's tax return all the time. In Texas the dependency exemption automatically goes with the parent who has residential custody unless they AGREE to give it up. I don't know about your state.

Top
#79001 - 02/18/06 05:04 AM Re: claiming son on taxes [Re: AnneB]
beachbunny Offline
recently joined

Registered: 02/18/06
Posts: 4
It is the same in our state (IL). My son is only 3 years old and has not started school yet and wont for another 2 years or 1 year if I enroll him in preschool so as far a school activites or sports that isnt an issue. However in the agreement he wants me to sign it states that if our son wants to join a school activity, sport,or any extra curicular acitivites both parents would have to be in agreement then each would pay half, but if one doesnt agree they are not obligated to pay. Which I could see would be an issue with his father. He may say thats fine now but how would I know later down the road. And I guess school and sports and activities is what his lawyer is saying that he is agreeing and paying for, in which right now none of those are in issue due to the age of our son. I will be getting married in October will that be an issue with the judge as far as claiming my son every year and not switching with his father every other year? His lawyer is trying to say that it is but I dont think it will be and dont understand how if it is.

Top
#79002 - 02/18/06 07:32 PM Re: claiming son on taxes [Re: beachbunny]
AnneB Offline
Carpal \'Tunnel

Registered: 09/21/05
Posts: 3645
The lawyer may mean it won't be as much of a benefit to you as to your H if you remarry, but that may or may not be true. In addtition, he may remarry soon also, who knows? The part about agreeing and then paying half is fraught with problems--it is so easy to never agree to anything then you don't have to pay. If the child is living with you at least 60% of the time, then I think you should be able to claim him as child support often doesn't cover half of the child's actual care. You will be the one out that money if the child is primarily living with you. And you will want to be able to deduct child care which I don't believe you can do if you can't claim the child as a dependent on your return.

Top
#79003 - 02/18/06 11:40 PM Re: claiming son on taxes [Re: beachbunny]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
It is not all that uncommon to alternate tax years with your ex. Many people do it. You can add some kind of clause which states that your ex must be current on CS in order to take the tax deduction every other year.

Myangels is also from IL and I know that he won the right to claim his children ever other year in court just recently. Maybe you could PM him on what exactly took place.
_________________________
13.1...because I am only half crazy!

Top
#79004 - 02/19/06 03:33 AM Re: claiming son on taxes [Re: beachbunny]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
So long as he is paying child support in accordance with the court order, it is only fair to alternate.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

Top
#79005 - 02/19/06 03:34 AM Re: claiming son on taxes [Re: beachbunny]
Rebecca5 Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 11697
Loc: Down home.
The fact that you're getting married doesn't make any difference when it comes to claiming the child.

If you make a decent amount of money (so dad can't say that he contributes more to the child's care than you possibly can), feel as though you cover more than half of the child's expenses, and you have him 2/3 of the time, you have the right to claim him.

One option would be to offer the dad every 3rd year.

Top
#79006 - 02/19/06 03:51 PM Re: claiming son on taxes [Re: Rebecca5]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
If you make a decent amount of money (so dad can't say that he contributes more to the child's care than you possibly can).....

---> Hmmmmmmm...something wrong with this statement. If the "guidelines" have determined an amount...say they have determined that it costs $500 a month to "raise" said child and the NCP is paying more than 50% of that amount, then the NCP should have the right to claim the child at least every other year REGARDSLESS of what the CP CAN spend on the child because of the money they make.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

Top
#79007 - 02/19/06 04:11 PM Re: claiming son on taxes [Re: Gecko]
Rebecca5 Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 11697
Loc: Down home.
"If the "guidelines" have determined an amount...say they have determined that it costs $500 a month to "raise" said child"

I have yet to see any such "guidelines."

Top
#79008 - 02/19/06 04:25 PM Re: claiming son on taxes [Re: Rebecca5]
Rebecca5 Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 11697
Loc: Down home.
Let me clarify.....from only the financial aspect.....

If the NCP pays $1000 per month in CS, and the CP earns $1200 per month (and lives apart from any other financial assistance), the NCP could reasonably argue that they pay more of the child's support than the CP could possibly be paying.....and the NCP should claim the child at LEAST every other year.

If the NCP pays $370 per month in CS, and the CP earns $3000 per month, the NCP cannot reasonably argue that they should claim the child every year, or even every other year.....maybe every 3rd or 4th year.

Top



Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: