Maybe somebody can help me figure this out:

When I filed my 2003 taxes, I claimed all 3 children. The divorce decree said my ex could claim 2 this year IF HE WAS CAUGHT UP ON CHILD SUPPORT. He was not, and was $7,000 behind at that point. However, whether or not I claimed the children made little difference in my taxes as I made less than $10,000 during the year.

Yesterday, my ex came over with a paper he wants me to sign saying I won't claim the kids on my taxes! I guess he had also claimed the children and the IRS wants this paper as proof he can do so. While the exemptions would make a big difference to him and I don't need them and I'd like to help him out; I don't think I can sign the paper. I have scoured the IRS site for information, but there's none that fits this situation.

He is putting alot of pressure on me to sign it. I don't think I should, but I"m not sure how to handle this as I'm afraid of him and what he'll do if I don't sign it.

Anna,

I would photocopy the page in the divorce decree that says: "ex can claim 2 children this year IF HE WAS CAUGHT UP ON CHILD SUPPORT." Highlight that part with a yellow highlighter.

Then photocopy the proof that he was not caught up and was $7,000 behind at that point. Highlight THAT with a yellow highlighter.

Finally, enclose the unsigned paper saying you won't claim the kids, and include a note: "I am returning this paper to you. When the stipulations in the decree are met, I will consider the request. As long as the legal requirements are not met, the consequence is that you can not claim 2 of the children on your taxes. It's your choice."

Nothing else needs to be done or said.

Anna, just return it to him. He chose not to pay his child support in a timely manner, and the consequence is that he can not claim the kids as exemptions. If he WANTS to claim the kids--he HAS to pay the C.S. It's not optional, and it's not you being "mean." He is whining because he has to pay a consequence, that's all...and if you treat him just like you would any other two year old, it should be fine.

Worst case scenario, he gets threatening, right? File for a permanent restraining order this time, based on habitual stalking.


CJ

Anna:

As long as you have primary custody of the children at least 6 months of the year, he can't claim any without you signing that paper. The IRS does not care whether he's on time or behind in his taxes, they only care where the children reside the majority of the year.

Hope that helps.

I have sole custody and they are not allowed to spend any overnights with him, per court order. So, not paying child support was his way of getting back at me; although a judge, not me, made that decision.

Thanks CJ and Lost, I've always had trouble standing up to him, but I see that's the only way to go on this one.

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">
... I'd like to help him out ...
</font><hr /></blockquote><font size="2" face="Verdana, Arial">WHY?!

Your obligation to him is Z-E-R-O. The terms are very clear ... he does not claim the kids. YOU do not release the right for him to claim the kids, as this will put YOU in deep trouble as you have already claimed them. (Do you really want to be audited?)

So he claimed them when he shouldn't have. HIS problem. Don't let him make it yours.

Anna,
Since the deductions don't mean anything to you for 2003, you may want to sign the paper to allow the refund. I believe the paper may only be for one year at a time.

HOWEVER, if he is behind on CS and you've reported it to your local CS agency, let them know that he may be receiving an income tax refund and you would like the refund applied to the back CS (or at least put on hold for it).

Have the local agency help you with this.
And make sure if you sign it, you specifically address it for the current year.

I was told that since I am PPR, I could claim Head of Household to have lower taxes, but make sure I file first or X could claim it even if he wasn't PPR.

Although it would feel good to stand up and say no, I have to agree with Newly. If he stands a chance of getting a refund and you don't, it may be the best way for you to get some of that CS that he is behind on.

Odds are, he will use it as a reason to not be able to pay you anyway.

Besides, It may feel even better if you can let him claim them so he expects a refund and then have him find out that the refund is going to you anyway <img border="0" title="" alt="[Wink]" src="images/icons/wink.gif" />

WIWH

Oh, he knows I"d get the refund, and actually wants me to as it would lower the amount he is behind. My concern is in signing a paper saying I WON'T claim the children when I already HAVE. If he'd asked BEFORE I filed my taxes this wouldn't be a dilemma at all.

Taxes can be amended. I don't think its a big issue, but I'd defer to the tax accountants on the board.
Since you make so little, it really makes sense to do this. But, to protect yourself, limit the period for the year 2003. Then you can reevaluate it every year.
And, wouldn't the back CS come in handy?
What's best for the children?
Can you recalculate the impact of having him claim the children on your forms to see what immediate impact it would have on your taxes? It may be easier than you think.
Then, when you send in your amended form, type up a letter stating that you are refiling to allow your X to claim the children so that you can get past due CS from him. A simple note like this may avoid any potential audits - particularly given your low income.

Good Luck.