Am I right to tell him no on claiming ?

[Only]

If my child was in my primary care and I was the one covering a majority of expenses etc, verbal agreement or not, I'd say no.

[PBAki]

Originally Posted by kharvey92611 Nope! It doesn't ! We did make a verbal agreement to trade years . But I don't see how it's fair to DH and I . My ex wanted to Claim our son last year when he was only home Some weekends !

Looks like verbal agreement is binding in state of NY up to six years; of course proving that would be another story.

I understand your situation though but from legal stance, I would stick to the agreement. If anything speak to a lawyer. The last thing you want to do is file and either he had already filed with the dependent claimed and you trying right after causing an error if not a tax audit.

[Mama*Kim]

Originally Posted by kharvey92611 What worries me is DH aunt works for H&R block who does our taxes . I mentioned to her our plan ( how we swap years ) and she knows all that's going on .... Basically she told me its lying to the IRS if I say my ex had him for so long and if it came to it I could be charged with fraud . She won't do our taxes this year if that's the case so she isn't lying .

There's just an IRS form you sign that waives your right to claim the child. I Googled it; it's Form 8332. No need for lying to the IRS.

[kharvey92611]

I had talked to a lawyer about what would happen if we did file and my ex as well and of
Course we both would be audited and would have to provide proof of having had the child . DH Is dead set on us claiming because as he puts it we always do things to make things easier on my ex and he just screws us over first chance , which honestly if situation was reversed I know he would just file . I really really don't like confrontation at all . Stresses me out to the point were I get such bad anxiety . DH wants to talk to my ex this Saturday when he brings Our son back .... I know it won't go over . I can see were DH is coming from as we provided everything
For my Ds1 . In the same sense I don't want to be a jerk.

[kharvey92611]

There is ? Now if I sign that would that give him the right just to claim ? The way my ex is is that he would use that FULLY to his advantage . I.e just claim L the following year and say " well she signed this "

[kharvey92611]

Originally Posted by KaleidoscopeEyes i think it's ok to trade years if both parents have the child 50/50 but if one parent has the child way more then they get to claim that child. unless it's on the divorce degree i wouldnt honor any verbal agreement since he's barely had the child.

That's how DH feels ... Like he said if we were actually doing 50/50 he wouldn't mind at all . But
He feels like its not fair at all right now to say " yep claim him " when we supported him . I just would feel like an a** to say to my ex no

[Mama*Kim]

It seems as though you've already made up your mind. In that case, you just need to be forthcoming and tell your ex before he files.

[kharvey92611]

Originally Posted by Only If my child was in my primary care and I was the one covering a majority of expenses etc, verbal agreement or not, I'd say no.

That's how DH is right now .... He feels like we do everything for my ex and we get the sh** end

[Mama*Kim]

Originally Posted by kharvey92611 There is ? Now if I sign that would that give him the right just to claim ? The way my ex is is that he would use that FULLY to his advantage . I.e just claim L the following year and say " well she signed this "

Just for that year. If you sign it while filing your 2012 taxes, it allows the child to be claimed on someone else's taxes that year only. 2013 taxes would be a whole new ball game.

[soonerfan]

Originally Posted by KelseyH Tax law in North Carolina states that the whoever claims the child must support (i.e. live with) the child for greater than 50% of the year.

Federal tax law is not the same as state tax law.

Originally Posted by kharvey92611 What worries me is DH aunt works for H&R block who does our taxes . I mentioned to her our plan ( how we swap years ) and she knows all that's going on .... Basically she told me its lying to the IRS if I say my ex had him for so long and if it came to it I could be charged with fraud . She won't do our taxes this year if that's the case so she isn't lying .

This is not true. There is a form that can be filled out and signed by you in the absence of a court order that allows non custodial parent to claim the child.

The only tax issue that is related to having a child the majority of the time is claiming eic or child care.

Originally Posted by kharvey92611 We made the agreement before he joined the military . I don't mind sticking to the agreement . I Really don't like confrontation and my ex will be furious as he is planning on using the extra income from claiming our child to fly him and his New gf along with his new baby due in January and our child to Florida .

Stick to your agreement. It is the right thing to do and will benefit your child.