Reply Hey Mom! Learn more about the Gerber Life Insurance Grow-Up Plan!
 
Thread Tools Display Modes
Old 10-15-2012, 06:17 PM   #71
kharvey92611's Avatar
kharvey92611
Registered Users
seller
 
Join Date: Sep 2012
Location: New York
Posts: 455
Now even though that would be DH and I . However we do not qualify for the EIC . Would we just be able to claim as a dependent ? I'll let my ex talk to whomever does his taxes about him being able to claim for EIC . I'd rather it go to him to hopefully be used towards our child as well as his new family as well . Or is that 100% illegal ? I'm not use to all this

Advertisement

__________________
married to DH since 2011�� Mom to L ��8.4.07 & J ��
kharvey92611 is offline   Reply With Quote
Old 10-15-2012, 06:21 PM   #72
MamaNae's Avatar
MamaNae
Registered Users
seller
seller
 
Join Date: Jun 2007
Location: Iowa
Posts: 6,365
My Mood:
Re: Am I right to tell him no on claiming ?

Quote:
Originally Posted by soonerfan View Post
So, you are splitting time with ds absolutely equally, which is why he is not paying support, correct? And before he was paying support until he could not because of lack of income, which you agreed to? And your verbal agreement is that you alternate claiming him?

My opinions:
1. If he has ds half the time, he shouldn't pay support.
2. If he missed some payments before he had ds half the time, maybe try to work out a repayment plan. Or offer to forfeit back support for claiming your son this year, and go back to every other year next year.
3. You need to stick to your verbal agreement, which precedent and your current arrangement support.
I agree with all of this.
__________________
Renae. Helpmeet to my hottie hubby, Josh. Devoted Mama to my Wolf scout-bookworm-sports-a-holic James (7), my Daisy Scout Princess Aldria (5) and my 2 year old Tornado Emmett and [COLOR="Magenta"] and my tiny squish Cora Paige! (May 2013)
MamaNae is offline   Reply With Quote
Old 10-15-2012, 06:21 PM   #73
acwakip's Avatar
acwakip
Registered Users
seller
seller
 
Join Date: Jun 2008
Location: Quincy, IL
Posts: 2,722
My Mood:
Re: Am I right to tell him no on claiming ?

This link might help you.

http://www.irs.gov/Individuals/EITC,-Earned-Income-Tax-Credit,-Questions-and-Answers

That said, if he is claiming unemployment and disability, his income isn't even earned, so he may not get EIC anyway.
acwakip is offline   Reply With Quote
Old 10-15-2012, 06:25 PM   #74
earthflower's Avatar
earthflower
Registered Users
seller
seller
 
Join Date: Apr 2006
Location: Murphys, Ca
Posts: 2,468
My Mood:
Re: Am I right to tell him no on claiming ?

edited to say it does look like you can do that if your the custodial parent, your ex would file as the custodial parent and then you would file your ds as your dependent like the non-custodial exemption
http://www.ehow.com/info_8369182_can...ome-taxes.html


Earned Income Tax Credit

The Earned Income Tax Credit is a credit offered to lower income individuals and families. The number of children you can claim as qualifying children is directly related to the amount you receive for this credit. The rules for a qualifying child for this credit are the same as the general rules, with the exception of the support rule. This credit is not affected by the Dependency Exemption Release. In a situation where the custodial parent files this form, the parent with whom the child lived for over half of the year still retains the right to claim that child for the Earned Income Tax Credit purposes. This is the only way in which a taxpayer can claim the child for the Earned Income Tax Credit when not claiming that child as a dependent.


Read more: Can Someone Take a Child as a Dependent and Another Parent Take the Child as Earned Income on Taxes?

Last edited by earthflower; 10-15-2012 at 06:52 PM.
earthflower is offline   Reply With Quote
Old 10-15-2012, 06:28 PM   #75
acwakip's Avatar
acwakip
Registered Users
seller
seller
 
Join Date: Jun 2008
Location: Quincy, IL
Posts: 2,722
My Mood:
Re: Am I right to tell him no on claiming ?

Also

Quote:
My children live with me, but I've agreed that there other parent can claim the EIC every other year. Is this a problem?

Yes. Only the parent with whom the children live for more than one-half the year may claim the EIC for those children. Federal law prohibits parents from "taking turns" claiming the EIC unless the child actually changes residence each year. When a non-custodial parent claims the EIC (for household with children), he or she runs the risk of severe penalties as well as the certainty of having to pay back all EIC amounts improperly received. A custodial parent who assists in this violation of the tax code also risks exposure to IRS penalties.

The simplest way of approaching this is to ask, "With whom does the child live for more than half the year?" Only that person, if otherwise eligible, can claim the EIC for household with children.
from http://www.ptla.org/earned-income-credit

The child has not resided with him for more than half the year since your current arrangement didn't start until the end of August. Who claims the child as a dependent has no bearing on who can claim the child for EIC. I would document any and all communication you have with him (as in, keep it in writing, via email, text, etc) so you are able to prove you didn't permit him to claim the child under EIC.

If I were you, I would go to court if possible and get everything put in writing, starting a new arrangement.
acwakip is offline   Reply With Quote
Old 10-15-2012, 06:35 PM   #76
earthflower's Avatar
earthflower
Registered Users
seller
seller
 
Join Date: Apr 2006
Location: Murphys, Ca
Posts: 2,468
My Mood:
Re: Am I right to tell him no on claiming ?

Generally, only one person may claim all the child-related tax benefits for a child, including the dependency exemption, the child tax credit, the dependent care credit, the exclusion for dependent care benefits, head of household filing status, and the EITC

he exception is the special rule for divorced or separated parents or parents who live apart for the last 6 months of the calendar year. Under this special rule, the noncustodial parent may claim the dependency exemption for a child if the custodial parent releases the exemption. Also, the noncustodial parent may claim the child tax credit if the other requirements for the child tax credit are met.

Only the custodial parent may claim the dependent care credit. Usually, only the custodial parent may claim the EITC, because the child must meet the residency test for qualifying child, that is, the child must live with the parent for more than six months of the year except for temporary absences.

Generally, custody is determined by the number of nights the child slept in the home of the parent or the parent had responsibility for the child for the night.
earthflower is offline   Reply With Quote
Old 10-15-2012, 06:39 PM   #77
earthflower's Avatar
earthflower
Registered Users
seller
seller
 
Join Date: Apr 2006
Location: Murphys, Ca
Posts: 2,468
My Mood:
Re: Am I right to tell him no on claiming ?

The custodial parent is highly advised to execute Form 8332 to release his or her claim to the dependent's exemption. Other documents such as divorce decrees, separation agreements, and child custody agreements may not provide the same level of detail as Form 8332. It's advisable to always prepare Form 8332 when parents agree on splitting the tax benefits for a particular dependent.

Form 8332 must be given to the non-custodial parent, who will then attach this form to his or her tax return. The custodial parent should keep copies of the form as well.

Cautions when Splitting the Child-Related Tax Benefits
Two taxpayers should not attempt to claim the same dependent. This will trigger an automatic IRS audit of both tax returns.

The noncustodial parent should always attach Form 8332 to his or her tax return to claim the tax benefits related to the child. The IRS is aggressive in denying dependents and other child-related tax breaks when this form is missing.

Custodial parents can revoke their waiver. Noncustodial parents should carefully review each year whether they can claim a dependent.

This sharing of the child-related tax benefits is available only to taxpayers who are the child's parents. Splitting of the dependent's tax benefits is not available to other family members.
earthflower is offline   Reply With Quote
Old 10-16-2012, 11:56 AM   #78
kharvey92611's Avatar
kharvey92611
Registered Users
seller
 
Join Date: Sep 2012
Location: New York
Posts: 455
Quote:
Originally Posted by earthflower
The custodial parent is highly advised to execute Form 8332 to release his or her claim to the dependent's exemption. Other documents such as divorce decrees, separation agreements, and child custody agreements may not provide the same level of detail as Form 8332. It's advisable to always prepare Form 8332 when parents agree on splitting the tax benefits for a particular dependent.

Form 8332 must be given to the non-custodial parent, who will then attach this form to his or her tax return. The custodial parent should keep copies of the form as well.

Cautions when Splitting the Child-Related Tax Benefits
Two taxpayers should not attempt to claim the same dependent. This will trigger an automatic IRS audit of both tax returns.

The noncustodial parent should always attach Form 8332 to his or her tax return to claim the tax benefits related to the child. The IRS is aggressive in denying dependents and other child-related tax breaks when this form is missing.

Custodial parents can revoke their waiver. Noncustodial parents should carefully review each year whether they can claim a dependent.

This sharing of the child-related tax benefits is available only to taxpayers who are the child's parents. Splitting of the dependent's tax benefits is not available to other family members.
Thank you
__________________
married to DH since 2011�� Mom to L ��8.4.07 & J ��
kharvey92611 is offline   Reply With Quote
Old 10-16-2012, 12:01 PM   #79
kharvey92611's Avatar
kharvey92611
Registered Users
seller
 
Join Date: Sep 2012
Location: New York
Posts: 455
Quote:
Originally Posted by acwakip
Also

from http://www.ptla.org/earned-income-credit

The child has not resided with him for more than half the year since your current arrangement didn't start until the end of August. Who claims the child as a dependent has no bearing on who can claim the child for EIC. I would document any and all communication you have with him (as in, keep it in writing, via email, text, etc) so you are able to prove you didn't permit him to claim the child under EIC.

If I were you, I would go to court if possible and get everything put in writing, starting a new arrangement.
We started doing every 3.5 days around July 20th and did that until the last week of August right before school since we both Agreed a week at a time during the school year .
__________________
married to DH since 2011�� Mom to L ��8.4.07 & J ��
kharvey92611 is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Copyright 2005 - 2014 Escalate Media. All Rights Reserved.