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"Voluntary" proof of paternity form?



 
 
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  #1  
Old June 4th 05, 02:25 AM
Werebat
external usenet poster
 
Posts: n/a
Default "Voluntary" proof of paternity form?


My latest child was born on the 18th, and came home with us almost one
week ago after his stint in the NICU. We do not yet have a birth
certificate though, partly because of some hoo-hah with the State of
Rhode Island.

Since my partner and I are not married, we were told that we needed to
sign a "voluntary affidavit of paternity" in order to have my name put
on the birth certificate. Which sounded OK at first, until we actually
read the document.

One part of the affidavit spells out that I, as the father, agree to
"assume the financial responsibility of the child". There is nothing on
the form that mentions the mother's financial responsibilities.

Both myself and my partner disagreed with this and were not comfortable
signing the document. We told the clerk at the hospital that we would
sign the document if the section about the father assuming financial
responsibility were either removed or altered to include the mother's
equal assumption of financial responsibility. We were told that this
was impossible.

Finally, I took a black pen and thoroughly scribbled out the offensive
section. Both my partner and myself signed the scribble mark, then the
document, and gave it to the clerk, who told us she "couldn't guarantee"
what the state offices would do with the document.

Wondering if they might pull some shenanigan to re-edit the document to
its original form with our signatures on it, we asked for a photocopy
then and there so we could have it for our private files. The clerk
told us that this was impossible. When asked why, she said that it was
because it was "a legal document".

This made no sense to us, so during the conversation I picked the
document up and walked away with it, thinking that if she refused to
photocopy it we could just photocopy it ourselves and then return with
it. Security was called and within moments two officers came running
up, looking ready to deal with a homocidal speed freak. I returned the
document, but we instructed the clerk to hold the paperwork because we
were not comfortable with it being sent along downtown in light of what
she had told us.

I made some calls today, spoke to the clerk's boss, spoke to her boss,
spoke to HER boss, and was finally directed to -- guess who? The Rhode
Island Department of Child Support Enforcement. Turns out these are the
folks who wrote up the document in the first place. HMM!

We are currently waiting for a response from an administrator of the
RIDCSE, so that we can explain our situation. What I have been told is
that it is impossible for a man to get his name on his child's birth
certificate without signing this "voluntary" affidavit, unless he is
ordered to appear in Family Court for purposes of Child Support.

It is a small thing, I know -- but both my partner and I are irked at
the language of the document, which appears to state that only fathers
are financially responsible for their children. We are also more than a
little upset about my basic rights of legal recognition as father of my
own child being withheld unless and until I sign a document that is
officially labelled "voluntary".

Any experience, comments, anything?

- Ron ^*^

  #2  
Old June 4th 05, 03:49 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default


"Werebat" wrote in message
news:1q7oe.8864$rb6.262@lakeread07...

My latest child was born on the 18th, and came home with us almost one
week ago after his stint in the NICU. We do not yet have a birth
certificate though, partly because of some hoo-hah with the State of
Rhode Island.

Since my partner and I are not married, we were told that we needed to
sign a "voluntary affidavit of paternity" in order to have my name put
on the birth certificate. Which sounded OK at first, until we actually
read the document.

One part of the affidavit spells out that I, as the father, agree to
"assume the financial responsibility of the child". There is nothing on
the form that mentions the mother's financial responsibilities.

Both myself and my partner disagreed with this and were not comfortable
signing the document. We told the clerk at the hospital that we would
sign the document if the section about the father assuming financial
responsibility were either removed or altered to include the mother's
equal assumption of financial responsibility. We were told that this
was impossible.

Finally, I took a black pen and thoroughly scribbled out the offensive
section. Both my partner and myself signed the scribble mark, then the
document, and gave it to the clerk, who told us she "couldn't guarantee"
what the state offices would do with the document.

Wondering if they might pull some shenanigan to re-edit the document to
its original form with our signatures on it, we asked for a photocopy
then and there so we could have it for our private files. The clerk
told us that this was impossible. When asked why, she said that it was
because it was "a legal document".

This made no sense to us, so during the conversation I picked the
document up and walked away with it, thinking that if she refused to
photocopy it we could just photocopy it ourselves and then return with
it. Security was called and within moments two officers came running
up, looking ready to deal with a homocidal speed freak. I returned the
document, but we instructed the clerk to hold the paperwork because we
were not comfortable with it being sent along downtown in light of what
she had told us.

I made some calls today, spoke to the clerk's boss, spoke to her boss,
spoke to HER boss, and was finally directed to -- guess who? The Rhode
Island Department of Child Support Enforcement. Turns out these are the
folks who wrote up the document in the first place. HMM!

We are currently waiting for a response from an administrator of the
RIDCSE, so that we can explain our situation. What I have been told is
that it is impossible for a man to get his name on his child's birth
certificate without signing this "voluntary" affidavit, unless he is
ordered to appear in Family Court for purposes of Child Support.

It is a small thing, I know -- but both my partner and I are irked at
the language of the document, which appears to state that only fathers
are financially responsible for their children. We are also more than a
little upset about my basic rights of legal recognition as father of my
own child being withheld unless and until I sign a document that is
officially labelled "voluntary".

Any experience, comments, anything?


In most states there are three ways to establish paternity - presumption
(but you and your partner are not married so this does not apply),
acknowledgement (this is what they are asking you to do with the form), and
a judicial filiation judgment (that's if you refuse to take a DNA test and a
court rules in the future).

The form for voluntary establishment of paternity is usually called a Joint
Declaration of Paternity. Each state is required to provide this form under
federal law. See 42 USC 666(a) (5) (c). Therefore it is not a state form
per se.

The legal stuff is fairly simple. State's will automatically place a
married woman's husband's name on a birth certificate based on her verbal
word only. Fathers usually don't sign birth certificates - Only the mother
and the doctor sign it.

There is no statute of limitations on the signing of a Joint Declaration of
Paternity. Federal law prevents any state law restricting the establishment
of paternity to less than 18 years. You can formally acknowledge paternity
any time at a later date if this is a real issue for you and the child.

If you sign the form now, the clock will start running on the RI statutory
limit on challenging paternity. IN many states this limit is 60 days.

My recommendation - Forget the form unless the state assures you signing the
form will get your name on the child's birth certificate as the child's
father. The form will most likely not get your name on the child's birth
certificate. You can always sign it later. If you develop a pattern of
acting as the child's father you will have the same financial obligation in
the future as you would have by signing the form now. IOW - Only sign the
form if it gets your name on the child's birth certificate.


  #3  
Old June 4th 05, 04:06 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default


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

"Werebat" wrote in message
news:1q7oe.8864$rb6.262@lakeread07...

My latest child was born on the 18th, and came home with us almost one
week ago after his stint in the NICU. We do not yet have a birth
certificate though, partly because of some hoo-hah with the State of
Rhode Island.

Since my partner and I are not married, we were told that we needed to
sign a "voluntary affidavit of paternity" in order to have my name put
on the birth certificate. Which sounded OK at first, until we actually
read the document.

One part of the affidavit spells out that I, as the father, agree to
"assume the financial responsibility of the child". There is nothing on
the form that mentions the mother's financial responsibilities.

Both myself and my partner disagreed with this and were not comfortable
signing the document. We told the clerk at the hospital that we would
sign the document if the section about the father assuming financial
responsibility were either removed or altered to include the mother's
equal assumption of financial responsibility. We were told that this
was impossible.

Finally, I took a black pen and thoroughly scribbled out the offensive
section. Both my partner and myself signed the scribble mark, then the
document, and gave it to the clerk, who told us she "couldn't guarantee"
what the state offices would do with the document.

Wondering if they might pull some shenanigan to re-edit the document to
its original form with our signatures on it, we asked for a photocopy
then and there so we could have it for our private files. The clerk
told us that this was impossible. When asked why, she said that it was
because it was "a legal document".

This made no sense to us, so during the conversation I picked the
document up and walked away with it, thinking that if she refused to
photocopy it we could just photocopy it ourselves and then return with
it. Security was called and within moments two officers came running
up, looking ready to deal with a homocidal speed freak. I returned the
document, but we instructed the clerk to hold the paperwork because we
were not comfortable with it being sent along downtown in light of what
she had told us.

I made some calls today, spoke to the clerk's boss, spoke to her boss,
spoke to HER boss, and was finally directed to -- guess who? The Rhode
Island Department of Child Support Enforcement. Turns out these are the
folks who wrote up the document in the first place. HMM!

We are currently waiting for a response from an administrator of the
RIDCSE, so that we can explain our situation. What I have been told is
that it is impossible for a man to get his name on his child's birth
certificate without signing this "voluntary" affidavit, unless he is
ordered to appear in Family Court for purposes of Child Support.

It is a small thing, I know -- but both my partner and I are irked at
the language of the document, which appears to state that only fathers
are financially responsible for their children. We are also more than a
little upset about my basic rights of legal recognition as father of my
own child being withheld unless and until I sign a document that is
officially labelled "voluntary".

Any experience, comments, anything?


In most states there are three ways to establish paternity - presumption
(but you and your partner are not married so this does not apply),
acknowledgement (this is what they are asking you to do with the form),

and
a judicial filiation judgment (that's if you refuse to take a DNA test and

a
court rules in the future).

The form for voluntary establishment of paternity is usually called a

Joint
Declaration of Paternity. Each state is required to provide this form

under
federal law. See 42 USC 666(a) (5) (c). Therefore it is not a state form
per se.

The legal stuff is fairly simple. State's will automatically place a
married woman's husband's name on a birth certificate based on her verbal
word only. Fathers usually don't sign birth certificates - Only the

mother
and the doctor sign it.

There is no statute of limitations on the signing of a Joint Declaration

of
Paternity. Federal law prevents any state law restricting the

establishment
of paternity to less than 18 years. You can formally acknowledge

paternity
any time at a later date if this is a real issue for you and the child.

If you sign the form now, the clock will start running on the RI statutory
limit on challenging paternity. IN many states this limit is 60 days.

My recommendation - Forget the form unless the state assures you signing

the
form will get your name on the child's birth certificate as the child's
father. The form will most likely not get your name on the child's birth
certificate. You can always sign it later. If you develop a pattern of
acting as the child's father you will have the same financial obligation

in
the future as you would have by signing the form now. IOW - Only sign the
form if it gets your name on the child's birth certificate.


p.s. If you want to claim the child as your dependent for tax purposes you
will have to get married. The recent federal tax court decision limiting
child exemptions to non-married CP's, and not the child's majority financial
support provider, works against your situation. See a qualified tax
professional on how to use the child exemption under the recent decision.


  #4  
Old June 4th 05, 05:09 AM
Father of the Year
external usenet poster
 
Posts: n/a
Default

Exactly the same in Pa. Same situation here. I was very irritated but
signed it. I have 60 days to revoke signature....

I could have
1. told my girlfriend she was a whore.
2. Could have let the baby that I assume is mine not have my name.
3. Sign it and be signing that I am responsible financially for this
baby and do not have rights to paternity test if mom later decides
to tell me the baby belongs to someone else and laughs at me every month
when the child support check gets deducted from my pay.
4. Tell your girlfriend she is a whore and you aint da daddy while she is
in the hospital order a paternity test AND then go home with
MOM and expect her to continue to be in love with you.

talk about coercion!!!
Did you notice while in the hospital MOM had to sign off on bathtub
inservices, feeding education, all sorts of stuff but the only thing they
want dad to sign is the shaken baby information form.



'
"Werebat" wrote in message
news:1q7oe.8864$rb6.262@lakeread07...

My latest child was born on the 18th, and came home with us almost one
week ago after his stint in the NICU. We do not yet have a birth
certificate though, partly because of some hoo-hah with the State of
Rhode Island.

Since my partner and I are not married, we were told that we needed to
sign a "voluntary affidavit of paternity" in order to have my name put
on the birth certificate. Which sounded OK at first, until we actually
read the document.

One part of the affidavit spells out that I, as the father, agree to
"assume the financial responsibility of the child". There is nothing on
the form that mentions the mother's financial responsibilities.

Both myself and my partner disagreed with this and were not comfortable
signing the document. We told the clerk at the hospital that we would
sign the document if the section about the father assuming financial
responsibility were either removed or altered to include the mother's
equal assumption of financial responsibility. We were told that this
was impossible.

Finally, I took a black pen and thoroughly scribbled out the offensive
section. Both my partner and myself signed the scribble mark, then the
document, and gave it to the clerk, who told us she "couldn't guarantee"
what the state offices would do with the document.

Wondering if they might pull some shenanigan to re-edit the document to
its original form with our signatures on it, we asked for a photocopy
then and there so we could have it for our private files. The clerk
told us that this was impossible. When asked why, she said that it was
because it was "a legal document".

This made no sense to us, so during the conversation I picked the
document up and walked away with it, thinking that if she refused to
photocopy it we could just photocopy it ourselves and then return with
it. Security was called and within moments two officers came running
up, looking ready to deal with a homocidal speed freak. I returned the
document, but we instructed the clerk to hold the paperwork because we
were not comfortable with it being sent along downtown in light of what
she had told us.

I made some calls today, spoke to the clerk's boss, spoke to her boss,
spoke to HER boss, and was finally directed to -- guess who? The Rhode
Island Department of Child Support Enforcement. Turns out these are the
folks who wrote up the document in the first place. HMM!

We are currently waiting for a response from an administrator of the
RIDCSE, so that we can explain our situation. What I have been told is
that it is impossible for a man to get his name on his child's birth
certificate without signing this "voluntary" affidavit, unless he is
ordered to appear in Family Court for purposes of Child Support.

It is a small thing, I know -- but both my partner and I are irked at
the language of the document, which appears to state that only fathers
are financially responsible for their children. We are also more than a
little upset about my basic rights of legal recognition as father of my
own child being withheld unless and until I sign a document that is
officially labelled "voluntary".

Any experience, comments, anything?

- Ron ^*^



  #5  
Old June 4th 05, 04:19 PM
Kingsley G. Morse Jr.
external usenet poster
 
Posts: n/a
Default

*** post for FREE via your newsreader at post.newsfeed.com ***

Werebat writes:
[...]
Any experience, comments, anything?


You've had a glance of how the state tricks and
traps unwed fathers into paying child support.

This sorry situation has arisen because 65% [1] of
unwed fathers didn't intend to cause conception
and hundreds of thousands of innocent American men
are forced into parenthood each year. Paternity
and child support laws can disrupt men's education
and force upon them a future of distress
associated with the unwanted child, support
payments, the stigma of illegitimacy and a gut
wrenching anguish that most people can't imagine.

Like the law you encountered which doesn't hold
women financially responsible, abortion and
abandonment laws also protect only women from
being forced into parenthood. This is obviously
discrimination and violates the (U.S.)
Constitution's equal protection clause in its 14th
amendment.

However, I'm happy to report that activists are
working to improve the laws. See
http://www.choiceformen.com.

Thanks,
Kingsley G. Morse Jr.
Reproductive Rights Chairman
National Center for Men

Protect Voluntary Fatherhood
http://www.choiceformen.com

Reference

[1] 65% of births to never-married U.S. women
aged 15-44 in 1990, occurring between 1988 and
1990, WERE UNINTENDED BY THE FATHER, (either
occurred too early or were unwanted at any
time) according to women's reports of their
male partner's intentions. (Abma, Joyce and
Linda Piccinino, 1994 "Unintended Births:
Women's Attitudes vis-a-vis their Male
Partners' Attitudes: 1982-1990", paper
presented at the annual meeting of the
American Sociological Association.



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  #6  
Old June 5th 05, 08:33 AM
Werebat
external usenet poster
 
Posts: n/a
Default



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

"Werebat" wrote in message
news:1q7oe.8864$rb6.262@lakeread07...

My latest child was born on the 18th, and came home with us almost one
week ago after his stint in the NICU. We do not yet have a birth
certificate though, partly because of some hoo-hah with the State of
Rhode Island.

Since my partner and I are not married, we were told that we needed to
sign a "voluntary affidavit of paternity" in order to have my name put
on the birth certificate. Which sounded OK at first, until we actually
read the document.

One part of the affidavit spells out that I, as the father, agree to
"assume the financial responsibility of the child". There is nothing on
the form that mentions the mother's financial responsibilities.

Both myself and my partner disagreed with this and were not comfortable
signing the document. We told the clerk at the hospital that we would
sign the document if the section about the father assuming financial
responsibility were either removed or altered to include the mother's
equal assumption of financial responsibility. We were told that this
was impossible.

Finally, I took a black pen and thoroughly scribbled out the offensive
section. Both my partner and myself signed the scribble mark, then the
document, and gave it to the clerk, who told us she "couldn't guarantee"
what the state offices would do with the document.

Wondering if they might pull some shenanigan to re-edit the document to
its original form with our signatures on it, we asked for a photocopy
then and there so we could have it for our private files. The clerk
told us that this was impossible. When asked why, she said that it was
because it was "a legal document".

This made no sense to us, so during the conversation I picked the
document up and walked away with it, thinking that if she refused to
photocopy it we could just photocopy it ourselves and then return with
it. Security was called and within moments two officers came running
up, looking ready to deal with a homocidal speed freak. I returned the
document, but we instructed the clerk to hold the paperwork because we
were not comfortable with it being sent along downtown in light of what
she had told us.

I made some calls today, spoke to the clerk's boss, spoke to her boss,
spoke to HER boss, and was finally directed to -- guess who? The Rhode
Island Department of Child Support Enforcement. Turns out these are the
folks who wrote up the document in the first place. HMM!

We are currently waiting for a response from an administrator of the
RIDCSE, so that we can explain our situation. What I have been told is
that it is impossible for a man to get his name on his child's birth
certificate without signing this "voluntary" affidavit, unless he is
ordered to appear in Family Court for purposes of Child Support.

It is a small thing, I know -- but both my partner and I are irked at
the language of the document, which appears to state that only fathers
are financially responsible for their children. We are also more than a
little upset about my basic rights of legal recognition as father of my
own child being withheld unless and until I sign a document that is
officially labelled "voluntary".

Any experience, comments, anything?


In most states there are three ways to establish paternity - presumption
(but you and your partner are not married so this does not apply),
acknowledgement (this is what they are asking you to do with the form),


and

a judicial filiation judgment (that's if you refuse to take a DNA test and


a

court rules in the future).

The form for voluntary establishment of paternity is usually called a


Joint

Declaration of Paternity. Each state is required to provide this form


under

federal law. See 42 USC 666(a) (5) (c). Therefore it is not a state form
per se.

The legal stuff is fairly simple. State's will automatically place a
married woman's husband's name on a birth certificate based on her verbal
word only. Fathers usually don't sign birth certificates - Only the


mother

and the doctor sign it.

There is no statute of limitations on the signing of a Joint Declaration


of

Paternity. Federal law prevents any state law restricting the


establishment

of paternity to less than 18 years. You can formally acknowledge


paternity

any time at a later date if this is a real issue for you and the child.

If you sign the form now, the clock will start running on the RI statutory
limit on challenging paternity. IN many states this limit is 60 days.

My recommendation - Forget the form unless the state assures you signing


the

form will get your name on the child's birth certificate as the child's
father. The form will most likely not get your name on the child's birth
certificate. You can always sign it later. If you develop a pattern of
acting as the child's father you will have the same financial obligation


in

the future as you would have by signing the form now. IOW - Only sign the
form if it gets your name on the child's birth certificate.



p.s. If you want to claim the child as your dependent for tax purposes you
will have to get married. The recent federal tax court decision limiting
child exemptions to non-married CP's, and not the child's majority financial
support provider, works against your situation. See a qualified tax
professional on how to use the child exemption under the recent decision.


There is no issue about the child's name -- we had agreed beforehand
that he would bear her last name. As far as taxes go, she earns more
than twice what I do, so it just makes good sense for her to claim him
anyway.

It looks like the sensible thing to do may be to forget about signing
them, but that seems a shame because I really would like my name to be
on his birth certificate. To be honest, all we'd really like to see
changed is either the removal of the statement that implies that the
father is the sole parent who is financially responsible for the child,
or the inclusion of a similar statement to the effect that the mother is
also financially responsible for the child. I'll talk to a bureaucrat
over at CSE when she gets around to calling back, but I think I already
know how that will go. Which is to say, about as well as my little chat
about my being labelled the "Non-Custodial Parent" of my first son on
every scrap of paper from DCSE that concerns him, when I am no such
thing (I have joint legal and physical custody).

What if my name is not on the birth certificate and my partner dies?

What if we split up under less than amicable terms? Will not having my
name on the BC prevent me from getting custody (full or joint) of my
child, or will it hamper my ability to do so?

I suppose I could just wait until his 18th birthday to sign, but even
then I'm signing to agree to something that I don't agree to. The State
should not have the power to make me sign my name to a lie in order to
establish my legal right as a parent!

- Ron ^*^

  #7  
Old June 5th 05, 07:29 PM
Beverly
external usenet poster
 
Posts: n/a
Default

On Sat, 04 Jun 2005 03:06:28 GMT, "Bob Whiteside"
wrote:

p.s. If you want to claim the child as your dependent for tax purposes you
will have to get married. The recent federal tax court decision limiting
child exemptions to non-married CP's, and not the child's majority financial
support provider, works against your situation. See a qualified tax
professional on how to use the child exemption under the recent decision.


As far as I can tell, the IRS has not adopted any new rules regarding
the exemptions for unmarried parents. Where might you have learned of
this change?

In any case, if the non-married couple lives together and the child
lives with them, the "member of household" test can be used to claim
the exemption rather than the "relationship" test.
  #8  
Old June 5th 05, 07:46 PM
Werebat
external usenet poster
 
Posts: n/a
Default



Beverly wrote:
On Sat, 04 Jun 2005 03:06:28 GMT, "Bob Whiteside"
wrote:


p.s. If you want to claim the child as your dependent for tax purposes you
will have to get married. The recent federal tax court decision limiting
child exemptions to non-married CP's, and not the child's majority financial
support provider, works against your situation. See a qualified tax
professional on how to use the child exemption under the recent decision.



As far as I can tell, the IRS has not adopted any new rules regarding
the exemptions for unmarried parents. Where might you have learned of
this change?

In any case, if the non-married couple lives together and the child
lives with them, the "member of household" test can be used to claim
the exemption rather than the "relationship" test.


We do, indeed, live together.

However, she earns considerably more than I do, so it makes sense to add
him to her tax stuff.

I already claim my first son as a dependent, since my ex earns nothing
and has no reason to want to claim him as a dependent.

- Ron ^*^

  #9  
Old June 5th 05, 10:49 PM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default


"Beverly" wrote in message
...
On Sat, 04 Jun 2005 03:06:28 GMT, "Bob Whiteside"
wrote:

p.s. If you want to claim the child as your dependent for tax purposes

you
will have to get married. The recent federal tax court decision limiting
child exemptions to non-married CP's, and not the child's majority

financial
support provider, works against your situation. See a qualified tax
professional on how to use the child exemption under the recent decision.


As far as I can tell, the IRS has not adopted any new rules regarding
the exemptions for unmarried parents. Where might you have learned of
this change?


In King 121 TC 245 that came down in December 2003 the federal tax court
overruled the IRS' previous position (and the congressional record's
reflection of legislative intent) that the "special support test" only
applies to divorced or spearated parents. In King, the court changed the
rules to extend the "special support test" that previously applied to
divorced or separated parents to also include never married parents. The
net result was to allow never married CP's to control the child exemption by
keeping it, signing it away to the NCP when there is a formal divorce or
separation custody agreement, or assigning the exemption under a Multiple
Support Agreement to any party contributing 10% or more of a child's
support.

This is the circumstance and case we discussed here about a month ago.


In any case, if the non-married couple lives together and the child
lives with them, the "member of household" test can be used to claim
the exemption rather than the "relationship" test.


That's not my understanding of what the tax court ruled in King. My
interpretation is the only way for someone in the OP's position to get the
child exemption is if he and the child's mother have a court ordered custody
agreement or enter into a Multiple Support Agreement. But the catch is a
Multiple Support Agreement only works when two or more people support a
person (in this case a child) and no one provides more than half of the
child's support. Since the mother makes more than the child's unmarried
father she cannot qualify for a Multiple Support Agreement. And I don't
think a court would order a child custody agreement designating the CP and
NCP when the parents are living together.


  #10  
Old June 6th 05, 03:16 AM
Bob Whiteside
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"Werebat" wrote in message
news:XLHoe.34423$Fv.24424@lakeread01...


Beverly wrote:
On Sat, 04 Jun 2005 03:06:28 GMT, "Bob Whiteside"
wrote:


p.s. If you want to claim the child as your dependent for tax purposes

you
will have to get married. The recent federal tax court decision

limiting
child exemptions to non-married CP's, and not the child's majority

financial
support provider, works against your situation. See a qualified tax
professional on how to use the child exemption under the recent

decision.


As far as I can tell, the IRS has not adopted any new rules regarding
the exemptions for unmarried parents. Where might you have learned of
this change?

In any case, if the non-married couple lives together and the child
lives with them, the "member of household" test can be used to claim
the exemption rather than the "relationship" test.


We do, indeed, live together.

However, she earns considerably more than I do, so it makes sense to add
him to her tax stuff.

I already claim my first son as a dependent, since my ex earns nothing
and has no reason to want to claim him as a dependent.


I'm not a CPA, but I think I understand this stuff fairly well. There are
advantages to how you plan to file your taxes.

First, the child's parent with the highest income can prove they provide
more than half the child's support to meet the support test. This allows
your partner to pay lower taxes by claiming head of household status and the
child exemption.

Second, she can claim the standard deduction (or her itemized deductions)
and you can claim the single standard deduction (or your itemized
deductions). The combination of two single standard deductions is greater
than a married couple claiming a married standard deduction. This causes
your combined deductions to increase and reduce your taxes.

Third, there is no marriage penalty. Your combined incomes can exceed the
point where a married couple will move up into a higher tax bracket. By
separating your incomes you pay less tax overall at lower tax bracket rates.

BTW - I just don't understand how gays and lesbians are pressing so hard to
get the right to marriage. They will end up complaining about the higher
taxes they pay based on the right to marry because they will lose the three
advantages listed above instead of just living together.


 




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