Anyone Know Tax Laws--Any PT Accountants or Anything?

Discussion in 'Teacher Time Out' started by TeacherApr, Jan 21, 2011.

  1. TeacherApr

    TeacherApr Groupie

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    Jan 21, 2011

    Finally got to court to get child support straightened out after 3 years. I was so overwhelmed that I didn't think of an important point about a decision that was made by the judge.

    Background: My child is with me 100% of the time. Her father NEVER visits her/takes her even though I've been very open about it. Custody is NOT established through the court. According to the courts, he is 44% responsible for the costs of supporting our daughter and I am 56% responsible. I have NOT signed any agreements.

    Child support was established BUT the judge said that we have to share the deduction on our taxes. I thought (among other reasons) that the child HAS to live with the parent claiming the child as a dependent for at least 6 mos out of the year. I also was told that the parent claiming the child has to be the one who supports the child the most.

    How can the judge demand of me to violate federal laws regarding taxes?
    Should I appeal or is there something that I'm not quite understanding?
     
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  3. mopar

    mopar Multitudinous

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    Jan 22, 2011

    I'm not sure. I know that my sister always claimed my niece on her taxes and the father never did (but he only paid $32 a month in child support). I would talk with a tax account as well as your lawyer to make sure that you are correctly understanding the information by the judge.

    Also, does her father plan to claim the deduction?
     
  4. gigi

    gigi Groupie

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    Jan 22, 2011

    My DD and her husband have custody of his son, 100% and mom does not pay support. The mother is not able to claim anything on her taxes. Course this is NH and things vary state to state I am sure.
     
  5. JustMe

    JustMe Virtuoso

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    Jan 22, 2011

    I know my parents took turns as far as who claimed who each year...
     
  6. TeacherApr

    TeacherApr Groupie

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    Jan 22, 2011

    Thanks for all your replies and for sharing your experience regarding this. I really do appreciate it.

    Oh, I"m sure he does plan to take it....after all "more money" right? lol One thing I DO know is that he cannot claim daycare deduction or EIC. The only thing he can do is claim her as a dependent. I am definately talking to an accountant next week. I did not have a lawyer. I went through the state in order to get him served and such.

     
  7. gigi

    gigi Groupie

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    Jan 22, 2011

    DD's husband and his "ex" were never married either. I think I would check with an accountant to be on the safe side.
     
  8. Caesar753

    Caesar753 Multitudinous

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    Jan 22, 2011


    What is your "DH"? I always thought that it stood for 'dear husband'.
     
  9. TeacherApr

    TeacherApr Groupie

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    Jan 22, 2011

    oh ok...thanks... = )
     
  10. 3Sons

    3Sons Enthusiast

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    Jan 23, 2011

    As others say, check with an accountant or tax lawyer. I actually did take a tax law class while in law school, but I don't recall offhand the details regarding alimony and child support.

    It does seem a bit dodgy, though. Two people claiming the same dependent could lead to an automatic audit of both returns, so you might warn your ex to refrain from filing until it's worked out. And tell the IRS what you've been ordered by the judge, possibly through the Tax Advocate service.
     
  11. SportsFanTr

    SportsFanTr Companion

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    Jan 23, 2011

    answering your question

    I am a tax professional for the big tax company with the green block logo :D I will try to explain the different 'dependent' deductions:

    Through a divorce/court decree, either parent may claim the child's exemption only which means that parent can take $3650 off of his taxable income.

    However; ONLY the parent that has paid over half of the household expenses and had the child most of the year may claim for Child Tax Credit ($1000 for a child 0-16) and Earned Income Credit (if you qualify). Many people do not realize this however and try to claim their child for all of the credits even though they should not be able too.

    So, you should be able to allow your ex to claim him for the exemption, but you get all of the credits. IF your ex files first though, and gets the CTC or EIC on him, the IRS will automatically reject yours and you may have to file some paperwork to get it all worked out.

    I highly recommend you go to a local tax office or cpa to ask them more questions and they will know exactly how to fill out the forms (it can be a bit tricky). If you have any more questions for me, please feel free to ask.

    Good luck, and happy tax season! :thumb:

     
  12. TeacherApr

    TeacherApr Groupie

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    Jan 23, 2011

    Thank you!!! YOU ARE WONDERFUL : D
     

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