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Joined: Feb 1999
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Lucks Offline OP
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Hi all. Oops, ADVICE, I got rattled.<P>My Ex just called wanting to know if he could claim one of our two girls on his taxes this year. <P>I claimed them last year, and have sole custody. He does pay child support--was irregular last year and owes a substantial back support he's paying off a little at a time.<P>He said many people trade off claiming the kids on taxes. Well, of course, but does anyone see a reason I SHOULD let him claim one of the kids? His current wife has 3 kids though claiming status is unknown to me.<P>Thoughts, anyone?<p>[This message has been edited by Lucks (edited January 30, 2000).]

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I would say no. But if he owes back support and it's regulated thru the courts there is a possibility that any money he will get back will automatically be sent to you. My aunt was in a similar situation and that's what happened to her. She got her ex husband's refund until he was caught up.

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Every state is different, but where I live, and in accordance with our parenting plan, my ex and I alternate claiming the kids each year (for tax purposes [Linked Image from marriagebuilders.com] only). Because we have six kids still living at home, we each claim three each year, PROVIDED that I'm currently on my child support. If not, she gets to claim all of them! Doesn't make much sense to me, since I make a lot more than she does - she's going to get more child support from me if Uncle Sam isn't getting it first. But that's the law, I guess.<P>One more interesting note -- I got a letter in the mail a couple months ago saying that any refund I was entitled to this year would be "intercepted" and given to my ex to pay some back support I owe. Not that I really care -- I'm not a deadbeat dad trying to get out of paying -- I just had some very difficult times in the early months of our separation when I was unable to meet my child support obligation. I'll be very happy to get caught up with the back support and do my best to stay current -- what I don't like is being treated like a criminal when I'm not.<P>Don't know if this helps -- better find out soon though -- tax day ain't far away [Linked Image from marriagebuilders.com]

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Lucks,<P>I just finished mediation with my ex and I have custody, and him visitation. We settled this question in mediation. It read that he will use the deductions as long as he qualifies. My accountant said give it to him, because based on his income (makes too much), he won't qualify and they will transfer to you anyway. Once there is only one deduction it moves to every other year a parent get to use it. I think this is pretty typical. I live in Washington state. Hope this helps. <P>GP

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Thanks for your replies! BTW, the children and I live in Kentucky, and my Ex lives in Washington State.<P>H and I looked up the tax forms and according to the Support Test for Children of Divorced or Separated Parents, under our particular circumstances the custodial parent (me) would take the exemptions. <P>

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Yeah, I was going to say the custodial parent, unless there was a specific court order saying differently.

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Yes, I believe that is true. goo diea is that IF you actually divorce, put it in the papers who gets the deduction. <P>------------------<BR>Susan<P><BR>

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My x claimed my son one year against my wishes. I claimed my son every year including that year. (I have custody) <P>I checked with the IRS and they told me that if there is a written agreement for who claims the child that settles it.<P>If there is no written agreement then the parent with custody gets the deduction.<P>My lawyer warned me that if I let him take the deduction even one time, he would have a basis to force a written agreement in his favor and I could loose my right to claim my son every year. He also pointed out that Child support payments are deductable if he doesn't claim the child as a dependant. Child support payments are not deductable if he claims the child as a dependant. <P>IRS agents can interpet the regs differently so be sure you get the ID # of the agent you speak with. Keep good records in case you have to produce your proof at a later date. <P>

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My advice would be NOT to necessarily believe a lawyer's advice, especially if she or he is not a tax attorney, and certainly don't do anything just based on advice you receive here or from friends. Don't even necessarily take the advice of a tax preparer - we had make numerous serious errors in our return, and I ended up having to redo it. If you don't see it in writing, don't believe it. It is a good idea to take down the name of the IRS agent you talk to - I once spoke to three different ones about how to handle something - the first said one thing, the next one said the exact opposite, and finally the third one agreed with the first, and in addition was able to explain why.

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Keosha... I beg to differ. I can't think of a single case where child support payments would be deductible. Alimony is, but not child support.<P>The IRS generally assumes that the custodial parent provides over half the support of the child (therefore is entitled to the deduction). If a divorce or separation decree so states, the non-custodial parent may take the deduction.<P>It the decree does not specify, the custodial parent generally gets the deduction.<P>For more info, you might refer to IRS Pub 17, on the net, search for Support Test (page 30). <A HREF="http://ftp.fedworld.gov/pub/irs-pdf/p17.pdf" TARGET=_blank>http://ftp.fedworld.gov/pub/irs-pdf/p17.pdf</A> <P><P>------------------<BR>RobinAnn<P>*********<P>Blessed are the flexible, for they shall not be bent out of shape!

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I called the IRS and ask them and they confirmed that child support payments are NOT deductable. <P>I just learned not to trust the lawyer.... <P>Thanks Nellie and RobinAnn <P>Now I'll double check everything the lawyer advises before taking the advice.

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Keosha,<P>I'm glad I was right about the deductability of child support, but I do agree with Nellie regarding trusting anyone's advice (least of all mine [Linked Image from marriagebuilders.com] )<P>While I did prepare taxes for two years, I am not impressed with my training nor the company I used to work for (begins with an H and ends with an R). They hired us right out of training class (well, we had to come from somewhere [Linked Image from marriagebuilders.com] ) and paid us minimum wage! Granted, those of us who were hired were at the top of the class; but that didn't make us good tax preparers.<P>My motto; ask, ask, and ask again. I've been known to read sections of the Pub 17 times to analyse and interpret (and then sometimes felt like I was just making it say what I wanted it to!).<P>I know this is somewhat rambling, but you need to keep asking those questions and question everything you hear.<P>Regards,<P>RobinAnn<p>[This message has been edited by RobinAnn (edited February 01, 2000).]


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