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#96951 - 04/07/06 04:17 AM NCP's spouse right to claim child on taxes.
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
In our court order, it says that when the mother finds employment, she has the right to claim the child every other year as a dependant. Well now she has married, and she asked the judge if she could claim the kid now... I guess he forgot his previous judgement, and wrote on the docket that the mother shall claim the child the next two years. Is her spouse allowed to claim the child as his dependant?

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#96952 - 04/07/06 01:45 PM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Rebecca5 Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 11697
Loc: Down home.
Yes. Any child that lives in their household for more than half of the year can be claimed on their taxes.

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#96953 - 04/10/06 11:48 PM Re: NCP's spouse right to claim child on taxes. [Re: Rebecca5]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Is every other weekend considered half the year? I forgot to mention, that she still doesnt have employment....


Edited by TeakoFury (04/10/06 11:51 PM)

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#96954 - 04/10/06 11:52 PM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Nicole Offline
Pooh-Bah

Registered: 01/25/05
Posts: 1762
I looked this up recently and if the mother doesn't claim the child then if the child lives with her spouse(obviously) then he can claim the child. BUT, the other parent has the right as well, and the other parent trumps the husband.

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#96955 - 04/10/06 11:58 PM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
If there is an offical paper (from the court) that the mom could supply the IRS that says she can claim the child then she can.

In order for the new husband to beable to claim it must be a joint return. She could claim married filing seperately I would guess.

His name can not be the only one on the return though.

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#96956 - 04/11/06 12:07 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Does it matter who provides the 50% for the child? I tried to find this on the IRS web site but didnt have much luck.

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#96957 - 04/11/06 12:13 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
Not if there is a paper with a judges signature that says she can claim the child. That trumps the 50% support test.

How is the CS handled. Is she in arrears by paying you directly or does support services handle it?

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#96958 - 04/11/06 12:23 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Child Support Enforcement..thats where she's suppose to send the support...

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#96959 - 04/11/06 12:30 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
If she is in arrears..wouldn't her return by intercepted?

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#96960 - 04/11/06 12:34 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
catrmm Offline
old hand

Registered: 08/07/05
Posts: 850
There used to be a tax rule about 50% that applied when the parents were never married to each other. That rule no longer applies.

Without a court order, the parent who is considered the CP gets to claim the child unless they complete a form to allow the NCP to claim. Any court order stating otherwise trumps this rule.

It sounds as though you are the CP and mom is the NCP but she'll get the right to claim the child because of the judge's court order. For it to make any difference, she and her current hubby would need to file a joint return.

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#96961 - 04/11/06 12:35 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Stacey1995- Would it be intercepted if her spouse claims the credit? Since she doesnt file taxes?


Edited by TeakoFury (04/11/06 12:37 AM)

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#96962 - 04/11/06 12:37 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
It has to be a joint return for that to occur.

Confirm with her that she is not filing taxes this year.

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#96963 - 04/11/06 12:39 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Im not married...so I wasnt for sure how that worked... if the wife doesnt work, she still files? Correct?

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#96964 - 04/11/06 12:41 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
I would think so if they file married filing jointly. The return would be payable in a joint manner...That is a question for the IRS though.

I would also call support services and ask if the coount is set up for an intercept because of the arreages.

Maybe they have already done their taxes?

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#96965 - 04/11/06 12:43 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
its just bothers the crap out of me... I dont feel by any means that the spouse should be allowed to claim the child. He wasnt ordered to pay child support, so why should he be allowed to claim the credit? In that case, why isnt the support based on his income. Id rather her not have to pay any support, vs. me claiming the child every year.

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#96966 - 04/11/06 12:52 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
Irritating..YUP

Have you talked to your ex about this?

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#96967 - 04/11/06 12:59 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Talked? LOL
That isnt in her vocabulary...
She sincerley believes that her husband deserves this right...since he attempts to pay the support.
I offered her to stop "paying" support... since she doesnt anyways..
If she did pay her support, it doesnt amount to beans... she surely couldnt raise the child for the amount she's ordered to pay...
I honestly dont care about the money... none of it...Its just the principle of it all


Edited by TeakoFury (04/11/06 01:02 AM)

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#96968 - 04/11/06 01:41 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
What I meant was..Have you confirmed with her for sure..
1. absolute sure that she has no income for 2005.
2. Have they already filed the taxes.

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#96969 - 04/11/06 01:47 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
1.) Yes.. she specifically told the judge that she will not work
2.) Yes. she claims they have filed

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#96970 - 04/11/06 01:58 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
exactly how many overnights a year does she have?

Call your caseworker at child support services and see if the account is set up for interception of returns, and also if that includes a joint return.

I know in California that you can only intercept a tax return if there is an arreage.

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#96971 - 04/11/06 02:43 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
You can write to the Judge asking for a clarification and make sure you include his previous order. If he agrees that an error has been made, then you just need to file a corrected judgment.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#96972 - 04/11/06 04:22 AM Re: NCP's spouse right to claim child on taxes. [Re: Gecko]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Gecko-
So, I should Actually write him a letter? Or file something at the courthouse? What would that be called exactly? Motion for Clarification?

I actually went an saw a lawyer on Friday and she said she wouldnt even think about touching the case for under $1500. If I can fix it on my own, that's a much better idea. The lawyer did say something about 'talking' to the judge next court date... Im just rather intimidated by his power. Dont want to tick him off...if ya know what I mean.


Edited by TeakoFury (04/11/06 04:25 AM)

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#96973 - 04/11/06 04:23 AM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Stacey1995- The child is there Every other weekend. alternating holidays. 5 weeks summer/ split up between J,Jy, Aug.

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#96974 - 04/11/06 06:31 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Stacey1995 Offline
old hand

Registered: 06/15/05
Posts: 919
How many days is that a year?

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#96975 - 04/11/06 06:15 PM Re: NCP's spouse right to claim child on taxes. [Re: Stacey1995]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Id say around 90 days

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#96976 - 04/13/06 10:29 PM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
MamaKitty Offline
Pooh-Bah

Registered: 01/30/06
Posts: 1632
Loc: California
I really do think both taxes should be run. Whoever will get the best 'return' should be able to claim it... after they've paid off the return the other parent who legally could claim would have gotten.

c

edit- Hmmm... thinking about it, if the parent hasn't been the PC, and also has provided nothing for taking care of their children financially... no, they shouldn't be given a waiver.

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#96977 - 04/14/06 01:09 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Yes, you can write to the Judge directly and include both of his/her orders (highlight the appropriate areas) and ask for a corrected judgment. The Judge will (should) write back and he/she will either tell you that the order stands or will instruct you to file a corrected judgment.

If they do, the find a local paralegal to assist you in filing the correct paperwork. You will need to file a Motion, Affidavit and Order, the Corrected Judgment and proof that you served the other party.

The other party can of course object to the motion, but they most likely wouldn't get far since you are doing it at the request of the Judge.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#96978 - 04/15/06 07:47 PM Re: NCP's spouse right to claim child on taxes. [Re: Gecko]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
We have a court date next month. Should I go ahead with all that or wait and see what happens at court that day, then proceed from there?

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#96979 - 04/16/06 04:06 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
If the upcoming court date is in regard to that matter, yes, you can wait, but if it's not...you will need to address it as separate issue.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#96980 - 04/19/06 07:41 PM Re: NCP's spouse right to claim child on taxes. [Re: Gecko]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
well, considering the last time we were in court for visitation, and this matter was brought up by the NCP.... even though it had nothing to do with why we were there...

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#96981 - 05/02/06 10:41 PM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
My court date has been continued by the court. The court sent me the judges notes from the record. He denied my motion for clarification on the income tax. Stated that the NCP was to continue to attempt to catch up on the CS. It says that I cant do a Rule to show cause on the past due support. This is so mind boggling.

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#96982 - 05/03/06 12:55 AM Re: NCP's spouse right to claim child on taxes. [Re: TeakoFury]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
At this point, I am just as confused as you are. <img src="/ubbthreads/images/graemlins/wink.gif" alt="" />
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#96983 - 05/03/06 04:26 PM Re: NCP's spouse right to claim child on taxes. [Re: Gecko]
JulieLynn Offline
veteran

Registered: 06/04/05
Posts: 1211
Loc: KY gal in Indiana
If she does owe arrearages and they go after it, I'm not sure how that works since the dh can claim spouse hardship (or whatever it's called) since she doesn't work. I know one year they took a tax return of ours and I had so many days I could write back saying that so much was mine because of my income and taxes I paid. (but they had taken a return when they shouldn't have because there were no arreages so we didn't have to do that) I'm really curious on how that would work ...
_________________________
Have a great day!!

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#96984 - 05/05/06 03:24 AM Re: NCP's spouse right to claim child on taxes. [Re: JulieLynn]
TeakoFury Offline
newbie

Registered: 04/07/06
Posts: 47
Loc: Illinois
Well, another update. The judge order both parties to seek mediation.. Im all for this, minus, the court ordered that I am responsible for the full cost. It is $600. I hired a lawyer yesterday. She is filing a motion against this... hopefully the judge will reconsider and make both parties pay 50/50. The bright side... Tax time is over for this year....

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