Advance Child Tax Credit check question

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

"Tracy" wrote in message
news:wWjWa.23389$cF.10169@rwcrnsc53...
My boyfriend, who has custody of his children & is not receiving any child
support, is about to receive an check from the IRS for the advance child
tax
credit. Here's the issue... They filed with the status of married
filing
jointly - since at the time my boy friend was clueless to his ex's
cheating
ways and what was about to hit him. She did some baby sitting last year,
but nothing really grand - and it really hurt in terms of taxes than
helped.
So the majority of their income came from him. The advance payment check
is
on its way, but in both his & hers names. So he needs her to sign the
check.

Question: What if she refuses to sign unless she receives part of the
money? What can he do? If you were in his situation, would you share in
the check? If so, how much?

He plans on using the check to purchase school clothing & supplies for the
kids. He strongly feels that since she is not paying any child support,
nor
does she take the kids like she is suppose to, she should not receive
anything.

He can use a trick my ex pulled on me once that cost me a lot of money. Get
her to endorse the check in exchange for him giving her a personal check to
cover her half. Then put a stop payment on the check he writes to her.
That way he gets 100% of the check amount and it only costs him the stop
payment fee.

There are statutes in most states prohibiting writing bad checks - and writing
someone a check and then immediately putting a stop payment on it is considered
writing a bad check. Please check your state's statutes before pulling a
'trick' like this.


Another option is to have you, or another person with female handwriting,
endorse the check as if you are the co-payee. The ex will never know what
happened and the fact they had joint checking accounts previously will make
this okay.

That would be forgery, also considered illegal.


The Oregon courts will back up either fraudulent act. Just cite my case.

Somehow, I doubt any state will back up an act that is contrary to that state's
laws.

"Tracy" wrote in message news:wWjWa.23389$cF.10169@rwcrnsc53...
My boyfriend, who has custody of his children & is not receiving any child
support, is about to receive an check from the IRS for the advance child tax
credit. Here's the issue... They filed with the status of married filing
jointly - since at the time my boy friend was clueless to his ex's cheating
ways and what was about to hit him. She did some baby sitting last year,
but nothing really grand - and it really hurt in terms of taxes than helped.
So the majority of their income came from him. The advance payment check is
on its way, but in both his & hers names. So he needs her to sign the
check.

Question: What if she refuses to sign unless she receives part of the
money? What can he do? If you were in his situation, would you share in
the check? If so, how much?


So, she isn't paying child support? If not, I would take the check to
her and say "Please sign this so that I can get school supplies for
the children." If she refuses or asks for half/some of the money
first, I would then fold the check up, put it in my pocket and tell
her that signing the check cost her $0. However, once I start
petitioning for child support, it will cost her $400 (or more) *each
month*. Unless she is really hardcore, she'll probably sign it right
then and there. And if she DOES refuse, I'd go through with my
threat.

He plans on using the check to purchase school clothing & supplies for the
kids. He strongly feels that since she is not paying any child support, nor
does she take the kids like she is suppose to, she should not receive
anything.


Thanks in advance.
Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***

"Mel Gamble" wrote in message
...
Why is he not receiving CS? If by mutual agreement, he could tell her
that
continuance of the agreement is contingent on her signing that check.

He was being nice. She wasn't working at the time of their divorce. So it
read in the paperwork child support is waived based on her unemployed
status, but should be established once employment begins. Since then she
has started working, but he is trying to be nice to her. (more)


My boyfriend, who has custody of his children & is not receiving any
child
support, is about to receive an check from the IRS for the advance child
tax
credit. Here's the issue... They filed with the status of married
filing
jointly - since at the time my boy friend was clueless to his ex's
cheating
ways and what was about to hit him. She did some baby sitting last year,
but nothing really grand - and it really hurt in terms of taxes than
helped.
So the majority of their income came from him. The advance payment check
is
on its way, but in both his & hers names. So he needs her to sign the
check.

Question: What if she refuses to sign unless she receives part of the
money? What can he do? If you were in his situation, would you share in
the check? If so, how much?

NO WAY. That check is supposedly for costs associated with raising the
kid(s)
THIS year. If he's already had them the majority of the time and will
continue
to do so for the rest of the year, those are HIS costs. Since she is
paying
nothing to offset HIS costs for the kids, she'd have to have them nearly
half
the time to justify no CS AND getting part of that check...

That is how he views it too.

On top of that, she has many times in the past few months thrown it in his
face that she could be receiving child support if she had custody of the
kids. In other words she uses the kids as a threat against him.

Last night him and I spoke on the phone for about an hour. He was talking
to her uncle tonight concerning the kids' mother, and her lack of being
involved (etc). Once again - she is suppose to have them next weekend (not
this weekend), but she has not contacted him about the weekend. Her aunt
feels my boyfriend should contact her and inquire about the plans. I happen
to agree with the aunt. Anyways - he's had at least one of the kids 100% of
the time since she left. It isn't that he doesn't want his kids around, but
he is finding that being a single parent is not easy. He's a heavy
equipment operator. Commutes to work 5-7 days per week. Right now he has
worked 12 days in a row, and will work every day until next week. He puts
in 12-14 hour days. He comes home to a mess. He spends time picking it up.
He cooks. He cleans. Etc... It has been really hard on him. So he is
really upset with his ex-wife for not helping out at all. Not being there
for those kids. It isn't the money, but the time. How does this relate to
the check? It goes back to your paragraph above. "If he's already had them
the majority of the time..." This is the type of man who would share that
check (50/50) if she was being a mother to those kids... period.

He plans on using the check to purchase school clothing & supplies for
the
kids. He strongly feels that since she is not paying any child support,
nor
does she take the kids like she is suppose to, she should not receive
anything.

He is correct.

I'm glad you agree.


Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***

"Steve" wrote in message
om...
"Tracy" wrote in message
news:wWjWa.23389$cF.10169@rwcrnsc53...
My boyfriend, who has custody of his children & is not receiving any
child
support, is about to receive an check from the IRS for the advance child
tax
credit. Here's the issue... They filed with the status of married
filing
jointly - since at the time my boy friend was clueless to his ex's
cheating
ways and what was about to hit him. She did some baby sitting last
year,
but nothing really grand - and it really hurt in terms of taxes than
helped.
So the majority of their income came from him. The advance payment
check is
on its way, but in both his & hers names. So he needs her to sign the
check.

Question: What if she refuses to sign unless she receives part of the
money? What can he do? If you were in his situation, would you share
in
the check? If so, how much?


So, she isn't paying child support? If not, I would take the check to
her and say "Please sign this so that I can get school supplies for
the children." If she refuses or asks for half/some of the money
first, I would then fold the check up, put it in my pocket and tell
her that signing the check cost her $0. However, once I start
petitioning for child support, it will cost her $400 (or more) *each
month*. Unless she is really hardcore, she'll probably sign it right
then and there. And if she DOES refuse, I'd go through with my
threat.

He couldn't get $400/month from her. She'd end up with an order against her
for the minimum of $50/month. I don't know if he would go after her for
support since he has very strong morals concerning money. He doesn't
believe in living off of someone else's income, and he'd view receiving
child support as a way of living off of someone else. Likewise, if the
situation was reversed (she had the kids) he would hate to pay child support
based on what the state demands. Instead he's the type to purchase
everything, and anything, those kids would need. He believes in supporting
his own.

His take on this is that it was primarily his income they filed their taxes
on last year. It has been 100% of his income alone that has supported the
kids since late January of this year. Therefore, that check belongs to his
kids - not him - not his ex - but the kids.

Thanks for your opinion and suggestion. I feel he has a strong argument
against her if she tries to pull some sort of BS and starts demanding
something.

She even told him that he was going to start paying her to take the kids if
he moved out near his mother. ;-)


Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***

"Tracy" wrote in message
news
"Steve" wrote in message
om...
"Tracy" wrote in message
news:wWjWa.23389$cF.10169@rwcrnsc53...
My boyfriend, who has custody of his children & is not receiving any
child
support, is about to receive an check from the IRS for the advance
child
tax
credit. Here's the issue... They filed with the status of married
filing
jointly - since at the time my boy friend was clueless to his ex's
cheating
ways and what was about to hit him. She did some baby sitting last
year,
but nothing really grand - and it really hurt in terms of taxes than
helped.
So the majority of their income came from him. The advance payment
check is
on its way, but in both his & hers names. So he needs her to sign the
check.
===
Tracy, Here's a link to the IRS website w/info on the credit. It does
address your BF's situation
somewhere but I read it a while back and don't recall the specifics. I also
did a Google search a while back
to find out where we stand because I filed for an extension for 2002. There
were threads from accountants
that also discussed your BF's situation. Good luck to all.

http://www.irs.gov/newsroom/article/...109816,00.html

===
===

"Moon Shyne" wrote in message
...

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

"Tracy" wrote in message
news:wWjWa.23389$cF.10169@rwcrnsc53...
My boyfriend, who has custody of his children & is not receiving any
child
support, is about to receive an check from the IRS for the advance
child
tax
credit. Here's the issue... They filed with the status of married
filing
jointly - since at the time my boy friend was clueless to his ex's
cheating
ways and what was about to hit him. She did some baby sitting last
year,
but nothing really grand - and it really hurt in terms of taxes than
helped.
So the majority of their income came from him. The advance payment
check
is
on its way, but in both his & hers names. So he needs her to sign the
check.

Question: What if she refuses to sign unless she receives part of the
money? What can he do? If you were in his situation, would you share
in
the check? If so, how much?

He plans on using the check to purchase school clothing & supplies for
the
kids. He strongly feels that since she is not paying any child
support,
nor
does she take the kids like she is suppose to, she should not receive
anything.

He can use a trick my ex pulled on me once that cost me a lot of money.
Get
her to endorse the check in exchange for him giving her a personal check
to
cover her half. Then put a stop payment on the check he writes to her.
That way he gets 100% of the check amount and it only costs him the stop
payment fee.

There are statutes in most states prohibiting writing bad checks - and
writing
someone a check and then immediately putting a stop payment on it is
considered
writing a bad check. Please check your state's statutes before pulling a
'trick' like this.

The court ruled she was justified to pull this stunt because she needed the
money. That's a legal precedent to justify commiting fraud - a class 3
felony in my state.



Another option is to have you, or another person with female
handwriting,
endorse the check as if you are the co-payee. The ex will never know
what
happened and the fact they had joint checking accounts previously will
make
this okay.

That would be forgery, also considered illegal.

Not in Oregon family law court. My ex went so far as to endorse checks made
out to me and put them in her checking account. The court would not even
rule that she should stop signing my name to any documents. That's a legal
precedent that forging another persons signature is okay as long as you have
been married.



The Oregon courts will back up either fraudulent act. Just cite my
case.

Somehow, I doubt any state will back up an act that is contrary to that
state's
laws.

Try a family court judge where state laws mean nothing.

"frazil" wrote in message
...

Tracy wrote in message
news:ixlWa.36145$Ho3.6636@sccrnsc03...
"Virginia" wrote in message
...
If it comes in both names he can return it to the IRS and wait till he
fills taxes in the spring to get it without her name on the check.

Can someone do this? But he needs the money now - as school is
approaching
and he needs money to purchase school clothes, etc.


This highlights a flaw I had not thought of in regards to advancing
these tax credits, How is the IRS to know how (under what status) one
will file their taxes before they have done so?


They are basing the amount on last years tax return. They've done this
before.

It is based on last years tax return because that is what was changed,
namely the dependent tax credit was retroactively increased for tax year
2002 from $600 to $1000. For tax year 2003 the credit will be $1000,
unless
they make another change.
==
Not according to the IRS. The change is in year 2003 and when 2003 taxes are
filed,
the advance must be deducted from the 1000. allowance.
==
==



Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***

Virginia wrote in message
...
If it comes in both names he can return it to the IRS and wait till he
fills taxes in the spring to get it without her name on the check.

Difficult at best, because the IRS records will show that the check was
issued.


This highlights a flaw I had not thought of in regards to advancing
these tax credits, How is the IRS to know how (under what status) one
will file their taxes before they have done so?

It is not an advance on next year's taxes. The $400 credit is a result of
retroactively advancing the increase in the dependent tax credit from $600
to $1000 for tax year 2002, as opposed to the originally scheduled increase
in tax year 2003. It has nothing to do with how he files his taxes next
year.


Tracy wrote:
My boyfriend, who has custody of his children & is not receiving any
child
support, is about to receive an check from the IRS for the advance child
tax
credit. Here's the issue... They filed with the status of married
filing
jointly - since at the time my boy friend was clueless to his ex's
cheating
ways and what was about to hit him. She did some baby sitting last
year,
but nothing really grand - and it really hurt in terms of taxes than
helped.
So the majority of their income came from him. The advance payment
check is
on its way, but in both his & hers names. So he needs her to sign the
check.

Question: What if she refuses to sign unless she receives part of the
money? What can he do? If you were in his situation, would you share
in
the check? If so, how much?

He plans on using the check to purchase school clothing & supplies for
the
kids. He strongly feels that since she is not paying any child support,
nor
does she take the kids like she is suppose to, she should not receive
anything.


Thanks in advance.
Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***

Tracy wrote in message
news:ixlWa.36145$Ho3.6636@sccrnsc03...
"Virginia" wrote in message
...
If it comes in both names he can return it to the IRS and wait till he
fills taxes in the spring to get it without her name on the check.

Can someone do this? But he needs the money now - as school is
approaching
and he needs money to purchase school clothes, etc.


This highlights a flaw I had not thought of in regards to advancing
these tax credits, How is the IRS to know how (under what status) one
will file their taxes before they have done so?


They are basing the amount on last years tax return. They've done this
before.

It is based on last years tax return because that is what was changed,
namely the dependent tax credit was retroactively increased for tax year
2002 from $600 to $1000. For tax year 2003 the credit will be $1000, unless
they make another change.



Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***

frazil wrote in message
...

Virginia wrote in message
...
If it comes in both names he can return it to the IRS and wait till he
fills taxes in the spring to get it without her name on the check.

Difficult at best, because the IRS records will show that the check was
issued.


This highlights a flaw I had not thought of in regards to advancing
these tax credits, How is the IRS to know how (under what status) one
will file their taxes before they have done so?

It is not an advance on next year's taxes. The $400 credit is a result of
retroactively advancing the increase in the dependent tax credit from $600
to $1000 for tax year 2002, as opposed to the originally scheduled
increase
in tax year 2003. It has nothing to do with how he files his taxes next
year.


So please excuse my lack of knowledge of this but does that mean everyone
who has a dependent is going to get a check or just folks in certain tax
brackets? I have honestly heard nothing of this (beside brief tid-bits on
the news that I didn't pay attention to) so was just curious.


Tracy wrote:
My boyfriend, who has custody of his children & is not receiving any
child
support, is about to receive an check from the IRS for the advance
child
tax
credit. Here's the issue... They filed with the status of married
filing
jointly - since at the time my boy friend was clueless to his ex's
cheating
ways and what was about to hit him. She did some baby sitting last
year,
but nothing really grand - and it really hurt in terms of taxes than
helped.
So the majority of their income came from him. The advance payment
check is
on its way, but in both his & hers names. So he needs her to sign the
check.

Question: What if she refuses to sign unless she receives part of the
money? What can he do? If you were in his situation, would you share
in
the check? If so, how much?

He plans on using the check to purchase school clothing & supplies for
the
kids. He strongly feels that since she is not paying any child
support,
nor
does she take the kids like she is suppose to, she should not receive
anything.


Thanks in advance.
Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***