Taxes

Especially when they pay the lions share of the support for said child.


"Bob Whiteside" wrote in message
nk.net...

"AZ Astrea" wrote in message
...

"Bob Whiteside" wrote in message
nk.net...

"P.Fritz" wrote in message
...

"Krista" wrote in message
. ..
"P. Fritz" wrote in message
...

"Krista" wrote in message
news My ex sent me an email recently saying that he wants to set
up
something
where we swap claiming Damia for our taxes each year. He
insinuated
that if
he were to take me back to court over the matter that he
would
certainly
win.

I don't have a problem with that, but I do have a problem
with
the
way
he
asked me about it. He has in the past threatened to take me
back
to
court
over things that he said would go his way that it turned out
he
was
wrong
on. And he's never *actually* taken me back to court, just
used
it
as
a
threat to try to get me to capitulate without a "fight."

So, I'm curious now, is there really a "standard" of CPs and
NCPs
alternating years claiming the shared child on their taxes?
What's
your
experience?

He only wants to claim one out of the three you have? Since
the
oter
two
are get you the HOH deduction, why be selfish?

Well, one of them I'm not raising. She was adopted 8 years ago (I
know
you
didn't know that, just clarifying).

For one thing, we get EIC, and he makes to much to get it, so if
he
claims
her we lose out on that $2500 for that year. Because of our
current
financial situation, that is an important influx of cash.

We live paycheck-to-paycheck and that enables us to get major
service
done
on our cars, pay for glasses prescriptions (which for both dh and
I
comes
to
about $400 for eye exams, glasses for both of us and contacts for
me),
etc.
All that stuff that we really can't afford any other way.

Taking $2500 of that to give him MAYBE a $500 child tax credit...?

If he claims the child, most likely he will claim head of household,
which
make a much bigger difference that 500.

The IRS has separate tests for the head of household filing status and
the
support criteria for exemptions.

Head of household is tied to which parent is providing the primary
residence
for a child. The exemption support test is tied to either the CP by
default
after a divorce, the parent with the divorce decree right to take the
exemption, or the parent providing more than 1/2 of the children's
expenses
if the parents were never married.
------------------
Ya know I don't get that part about the parent providing more than 50%
of
the children's expenses. From the beginning the dad was ordered to pay
over
2/3 of the "cost" for raising the kids as determined by the cs
guidelines.
So I can't figure how he isn't supposed to be able to claim this. Of
course
he doesn't have custody but still he provides over half the support. In
fact for the past two years she's been getting almost three times the
monthly support amount, (thanks to arrrearages). So she sits on her fat
butt, her new husband works when he feels like it and they all live off
the
huge check they get every month and all he gets to take is the one kid
as
a
deduction. It sucks!

My own former Senator, Bob Packwood, is created as the author of The Tax
Reform Act of 1986 that, among other changes, gave divorced mothers the
child exemptions by default. Most people don't like him for hugging and
kissing a few women. I don't like him for this change. It really screwed
fathers big time!

The CS guidelines supposedly take the child exemption issue into
consideration. But I challenge anyone to explain how it is possible to
build into the tables a way to give one parent a tax benefit while denying
the other parent a tax benefit.

Especially when they pay the lions share of the support for said child.


"Bob Whiteside" wrote in message
nk.net...

"AZ Astrea" wrote in message
...

"Bob Whiteside" wrote in message
nk.net...

"P.Fritz" wrote in message
...

"Krista" wrote in message
. ..
"P. Fritz" wrote in message
...

"Krista" wrote in message
news My ex sent me an email recently saying that he wants to set
up
something
where we swap claiming Damia for our taxes each year. He
insinuated
that if
he were to take me back to court over the matter that he
would
certainly
win.

I don't have a problem with that, but I do have a problem
with
the
way
he
asked me about it. He has in the past threatened to take me
back
to
court
over things that he said would go his way that it turned out
he
was
wrong
on. And he's never *actually* taken me back to court, just
used
it
as
a
threat to try to get me to capitulate without a "fight."

So, I'm curious now, is there really a "standard" of CPs and
NCPs
alternating years claiming the shared child on their taxes?
What's
your
experience?

He only wants to claim one out of the three you have? Since
the
oter
two
are get you the HOH deduction, why be selfish?

Well, one of them I'm not raising. She was adopted 8 years ago (I
know
you
didn't know that, just clarifying).

For one thing, we get EIC, and he makes to much to get it, so if
he
claims
her we lose out on that $2500 for that year. Because of our
current
financial situation, that is an important influx of cash.

We live paycheck-to-paycheck and that enables us to get major
service
done
on our cars, pay for glasses prescriptions (which for both dh and
I
comes
to
about $400 for eye exams, glasses for both of us and contacts for
me),
etc.
All that stuff that we really can't afford any other way.

Taking $2500 of that to give him MAYBE a $500 child tax credit...?

If he claims the child, most likely he will claim head of household,
which
make a much bigger difference that 500.

The IRS has separate tests for the head of household filing status and
the
support criteria for exemptions.

Head of household is tied to which parent is providing the primary
residence
for a child. The exemption support test is tied to either the CP by
default
after a divorce, the parent with the divorce decree right to take the
exemption, or the parent providing more than 1/2 of the children's
expenses
if the parents were never married.
------------------
Ya know I don't get that part about the parent providing more than 50%
of
the children's expenses. From the beginning the dad was ordered to pay
over
2/3 of the "cost" for raising the kids as determined by the cs
guidelines.
So I can't figure how he isn't supposed to be able to claim this. Of
course
he doesn't have custody but still he provides over half the support. In
fact for the past two years she's been getting almost three times the
monthly support amount, (thanks to arrrearages). So she sits on her fat
butt, her new husband works when he feels like it and they all live off
the
huge check they get every month and all he gets to take is the one kid
as
a
deduction. It sucks!

My own former Senator, Bob Packwood, is created as the author of The Tax
Reform Act of 1986 that, among other changes, gave divorced mothers the
child exemptions by default. Most people don't like him for hugging and
kissing a few women. I don't like him for this change. It really screwed
fathers big time!

The CS guidelines supposedly take the child exemption issue into
consideration. But I challenge anyone to explain how it is possible to
build into the tables a way to give one parent a tax benefit while denying
the other parent a tax benefit.

Especially when they pay the lions share of the support for said child.


"Bob Whiteside" wrote in message
nk.net...

"AZ Astrea" wrote in message
...

"Bob Whiteside" wrote in message
nk.net...

"P.Fritz" wrote in message
...

"Krista" wrote in message
. ..
"P. Fritz" wrote in message
...

"Krista" wrote in message
news My ex sent me an email recently saying that he wants to set
up
something
where we swap claiming Damia for our taxes each year. He
insinuated
that if
he were to take me back to court over the matter that he
would
certainly
win.

I don't have a problem with that, but I do have a problem
with
the
way
he
asked me about it. He has in the past threatened to take me
back
to
court
over things that he said would go his way that it turned out
he
was
wrong
on. And he's never *actually* taken me back to court, just
used
it
as
a
threat to try to get me to capitulate without a "fight."

So, I'm curious now, is there really a "standard" of CPs and
NCPs
alternating years claiming the shared child on their taxes?
What's
your
experience?

He only wants to claim one out of the three you have? Since
the
oter
two
are get you the HOH deduction, why be selfish?

Well, one of them I'm not raising. She was adopted 8 years ago (I
know
you
didn't know that, just clarifying).

For one thing, we get EIC, and he makes to much to get it, so if
he
claims
her we lose out on that $2500 for that year. Because of our
current
financial situation, that is an important influx of cash.

We live paycheck-to-paycheck and that enables us to get major
service
done
on our cars, pay for glasses prescriptions (which for both dh and
I
comes
to
about $400 for eye exams, glasses for both of us and contacts for
me),
etc.
All that stuff that we really can't afford any other way.

Taking $2500 of that to give him MAYBE a $500 child tax credit...?

If he claims the child, most likely he will claim head of household,
which
make a much bigger difference that 500.

The IRS has separate tests for the head of household filing status and
the
support criteria for exemptions.

Head of household is tied to which parent is providing the primary
residence
for a child. The exemption support test is tied to either the CP by
default
after a divorce, the parent with the divorce decree right to take the
exemption, or the parent providing more than 1/2 of the children's
expenses
if the parents were never married.
------------------
Ya know I don't get that part about the parent providing more than 50%
of
the children's expenses. From the beginning the dad was ordered to pay
over
2/3 of the "cost" for raising the kids as determined by the cs
guidelines.
So I can't figure how he isn't supposed to be able to claim this. Of
course
he doesn't have custody but still he provides over half the support. In
fact for the past two years she's been getting almost three times the
monthly support amount, (thanks to arrrearages). So she sits on her fat
butt, her new husband works when he feels like it and they all live off
the
huge check they get every month and all he gets to take is the one kid
as
a
deduction. It sucks!

My own former Senator, Bob Packwood, is created as the author of The Tax
Reform Act of 1986 that, among other changes, gave divorced mothers the
child exemptions by default. Most people don't like him for hugging and
kissing a few women. I don't like him for this change. It really screwed
fathers big time!

The CS guidelines supposedly take the child exemption issue into
consideration. But I challenge anyone to explain how it is possible to
build into the tables a way to give one parent a tax benefit while denying
the other parent a tax benefit.

Perhaps I was unclear. Sometimes, parent 1 files taxes so much
earlier than parent 2 that a refund has already been processed. The
fact that the refund was already processed for someone using a certain
SSN for a deduction will disallow it for person 2. They will receive
notice that someone has already claimed this person as a dependent.
If both are in process at the same time, it may likely hold up both
returns until the matter is settled. Did I hear you correctly saying
they processed both returns as is and simply requested whomever still
owed to pay more? That is highly unsual.

Anyway, if parent 1 is truly entitled to the dependent, parent 2 would
have had their taxes adjusted and nothing more needs to happen. If
the dependency belongs to parent 2, parent 2 will likely raise an
issue and YES, the support test, including the exceptions, will be
used by the IRS to determine who gets the dependent. Parent 2 will
have to prove he/she is entitled to the dependent according to IRS
rules, however.

On Wed, 16 Jun 2004 17:41:02 GMT, "Bob Whiteside"
wrote:


"Beverly" wrote in message
.. .

The IRS won't enforce a court ruling or state law, this is true;
however, they will enforce their own rules which are as I said above.
If both parents claim the child, they will give the dependent to
whomever files first and deny it to whomever files second. If the
second parent is the one who can legally claim the child, according to
the courts, and fights the decision, the first parent will not only
have his/her taxes adjusted, but will be hit with penalties, interest,
and fees for late payment of that portion of the taxes.

My experience is the IRS support test application overrides the issue of who
files first.

After my daughter turned 18 and no longer met the court decree's "custody of
the minor children" clause, I claimed her as an exemption using the support
test. My ex also claimed her. The IRS sent us both a letter stating more
than one party had claimed the child (identified by her SSAN) on our tax
returns. The IRS asked us to work it out between the two of us, and the
party owing the additional tax to notify them.

Since I had provided more than half of our daughters support by paying CS
for an adult child attending school, I told my ex to check with her tax
return preparer about the support test, and to notify the IRS she owed more
taxes. I never heard from the IRS on this issue after that.

Perhaps I was unclear. Sometimes, parent 1 files taxes so much
earlier than parent 2 that a refund has already been processed. The
fact that the refund was already processed for someone using a certain
SSN for a deduction will disallow it for person 2. They will receive
notice that someone has already claimed this person as a dependent.
If both are in process at the same time, it may likely hold up both
returns until the matter is settled. Did I hear you correctly saying
they processed both returns as is and simply requested whomever still
owed to pay more? That is highly unsual.

Anyway, if parent 1 is truly entitled to the dependent, parent 2 would
have had their taxes adjusted and nothing more needs to happen. If
the dependency belongs to parent 2, parent 2 will likely raise an
issue and YES, the support test, including the exceptions, will be
used by the IRS to determine who gets the dependent. Parent 2 will
have to prove he/she is entitled to the dependent according to IRS
rules, however.

On Wed, 16 Jun 2004 17:41:02 GMT, "Bob Whiteside"
wrote:


"Beverly" wrote in message
.. .

The IRS won't enforce a court ruling or state law, this is true;
however, they will enforce their own rules which are as I said above.
If both parents claim the child, they will give the dependent to
whomever files first and deny it to whomever files second. If the
second parent is the one who can legally claim the child, according to
the courts, and fights the decision, the first parent will not only
have his/her taxes adjusted, but will be hit with penalties, interest,
and fees for late payment of that portion of the taxes.

My experience is the IRS support test application overrides the issue of who
files first.

After my daughter turned 18 and no longer met the court decree's "custody of
the minor children" clause, I claimed her as an exemption using the support
test. My ex also claimed her. The IRS sent us both a letter stating more
than one party had claimed the child (identified by her SSAN) on our tax
returns. The IRS asked us to work it out between the two of us, and the
party owing the additional tax to notify them.

Since I had provided more than half of our daughters support by paying CS
for an adult child attending school, I told my ex to check with her tax
return preparer about the support test, and to notify the IRS she owed more
taxes. I never heard from the IRS on this issue after that.

Perhaps I was unclear. Sometimes, parent 1 files taxes so much
earlier than parent 2 that a refund has already been processed. The
fact that the refund was already processed for someone using a certain
SSN for a deduction will disallow it for person 2. They will receive
notice that someone has already claimed this person as a dependent.
If both are in process at the same time, it may likely hold up both
returns until the matter is settled. Did I hear you correctly saying
they processed both returns as is and simply requested whomever still
owed to pay more? That is highly unsual.

Anyway, if parent 1 is truly entitled to the dependent, parent 2 would
have had their taxes adjusted and nothing more needs to happen. If
the dependency belongs to parent 2, parent 2 will likely raise an
issue and YES, the support test, including the exceptions, will be
used by the IRS to determine who gets the dependent. Parent 2 will
have to prove he/she is entitled to the dependent according to IRS
rules, however.

On Wed, 16 Jun 2004 17:41:02 GMT, "Bob Whiteside"
wrote:


"Beverly" wrote in message
.. .

The IRS won't enforce a court ruling or state law, this is true;
however, they will enforce their own rules which are as I said above.
If both parents claim the child, they will give the dependent to
whomever files first and deny it to whomever files second. If the
second parent is the one who can legally claim the child, according to
the courts, and fights the decision, the first parent will not only
have his/her taxes adjusted, but will be hit with penalties, interest,
and fees for late payment of that portion of the taxes.

My experience is the IRS support test application overrides the issue of who
files first.

After my daughter turned 18 and no longer met the court decree's "custody of
the minor children" clause, I claimed her as an exemption using the support
test. My ex also claimed her. The IRS sent us both a letter stating more
than one party had claimed the child (identified by her SSAN) on our tax
returns. The IRS asked us to work it out between the two of us, and the
party owing the additional tax to notify them.

Since I had provided more than half of our daughters support by paying CS
for an adult child attending school, I told my ex to check with her tax
return preparer about the support test, and to notify the IRS she owed more
taxes. I never heard from the IRS on this issue after that.

Perhaps I was unclear. Sometimes, parent 1 files taxes so much
earlier than parent 2 that a refund has already been processed. The
fact that the refund was already processed for someone using a certain
SSN for a deduction will disallow it for person 2. They will receive
notice that someone has already claimed this person as a dependent.
If both are in process at the same time, it may likely hold up both
returns until the matter is settled. Did I hear you correctly saying
they processed both returns as is and simply requested whomever still
owed to pay more? That is highly unsual.

Anyway, if parent 1 is truly entitled to the dependent, parent 2 would
have had their taxes adjusted and nothing more needs to happen. If
the dependency belongs to parent 2, parent 2 will likely raise an
issue and YES, the support test, including the exceptions, will be
used by the IRS to determine who gets the dependent. Parent 2 will
have to prove he/she is entitled to the dependent according to IRS
rules, however.

On Wed, 16 Jun 2004 17:41:02 GMT, "Bob Whiteside"
wrote:


"Beverly" wrote in message
.. .

The IRS won't enforce a court ruling or state law, this is true;
however, they will enforce their own rules which are as I said above.
If both parents claim the child, they will give the dependent to
whomever files first and deny it to whomever files second. If the
second parent is the one who can legally claim the child, according to
the courts, and fights the decision, the first parent will not only
have his/her taxes adjusted, but will be hit with penalties, interest,
and fees for late payment of that portion of the taxes.

My experience is the IRS support test application overrides the issue of who
files first.

After my daughter turned 18 and no longer met the court decree's "custody of
the minor children" clause, I claimed her as an exemption using the support
test. My ex also claimed her. The IRS sent us both a letter stating more
than one party had claimed the child (identified by her SSAN) on our tax
returns. The IRS asked us to work it out between the two of us, and the
party owing the additional tax to notify them.

Since I had provided more than half of our daughters support by paying CS
for an adult child attending school, I told my ex to check with her tax
return preparer about the support test, and to notify the IRS she owed more
taxes. I never heard from the IRS on this issue after that.

"Beverly" wrote in message
...
Perhaps I was unclear. Sometimes, parent 1 files taxes so much
earlier than parent 2 that a refund has already been processed. The
fact that the refund was already processed for someone using a certain
SSN for a deduction will disallow it for person 2. They will receive
notice that someone has already claimed this person as a dependent.
If both are in process at the same time, it may likely hold up both
returns until the matter is settled. Did I hear you correctly saying
they processed both returns as is and simply requested whomever still
owed to pay more? That is highly unsual.

I have no knowledge of my exes tax return details showing a tax refund or a
tax due amount. All I know is she and I discussed the tax law and the court
decree provision about "custody of minor children" after we both got a
letter from the IRS. I referred my ex to her tax preparer for a second
opinion to substantiate what I understood about the tax law. Apparently the
tax preparer gave her the "bad news" because I never heard from the IRS
again on this issue. I don't know how the IRS handled her tax return from
that point forward.

And as my favorite family law judge has told me repeatedly, "What goes on
between your former wife and the IRS is none of your business."

"Beverly" wrote in message
...
Perhaps I was unclear. Sometimes, parent 1 files taxes so much
earlier than parent 2 that a refund has already been processed. The
fact that the refund was already processed for someone using a certain
SSN for a deduction will disallow it for person 2. They will receive
notice that someone has already claimed this person as a dependent.
If both are in process at the same time, it may likely hold up both
returns until the matter is settled. Did I hear you correctly saying
they processed both returns as is and simply requested whomever still
owed to pay more? That is highly unsual.

I have no knowledge of my exes tax return details showing a tax refund or a
tax due amount. All I know is she and I discussed the tax law and the court
decree provision about "custody of minor children" after we both got a
letter from the IRS. I referred my ex to her tax preparer for a second
opinion to substantiate what I understood about the tax law. Apparently the
tax preparer gave her the "bad news" because I never heard from the IRS
again on this issue. I don't know how the IRS handled her tax return from
that point forward.

And as my favorite family law judge has told me repeatedly, "What goes on
between your former wife and the IRS is none of your business."

"Beverly" wrote in message
...
Perhaps I was unclear. Sometimes, parent 1 files taxes so much
earlier than parent 2 that a refund has already been processed. The
fact that the refund was already processed for someone using a certain
SSN for a deduction will disallow it for person 2. They will receive
notice that someone has already claimed this person as a dependent.
If both are in process at the same time, it may likely hold up both
returns until the matter is settled. Did I hear you correctly saying
they processed both returns as is and simply requested whomever still
owed to pay more? That is highly unsual.

I have no knowledge of my exes tax return details showing a tax refund or a
tax due amount. All I know is she and I discussed the tax law and the court
decree provision about "custody of minor children" after we both got a
letter from the IRS. I referred my ex to her tax preparer for a second
opinion to substantiate what I understood about the tax law. Apparently the
tax preparer gave her the "bad news" because I never heard from the IRS
again on this issue. I don't know how the IRS handled her tax return from
that point forward.

And as my favorite family law judge has told me repeatedly, "What goes on
between your former wife and the IRS is none of your business."