Has anyone heard of not being able to claim your son/daughter on your income tax because you are not paying 50% of the childs living expense's.

My attorney told me this, so she is now able to claim him until he is 18. Unless I pay the 50% or more.

I am already paying $75 a week. How much more do I need to pay???

If you ask me, I think this is nuts.

Never been late on child support or anything.

Have also been claiming him every other year until now.

Thanks!!!!!

Has anyone heard of not being able to claim your son/daughter on your income tax because you are not paying 50% of the childs living expense's.

My attorney told me this, so she is now able to claim him until he is 18. Unless I pay the 50% or more.

I am already paying $75 a week. How much more do I need to pay???

If you ask me, I think this is nuts.

Never been late on child support or anything.

Have also been claiming him every other year until now.

Thanks!!!!!
Sure have. The rules changed last year. You now must pay 50% of expenses and you child must live with you at least 50% of the year. It is to stop people from getting a child credt when they are not the one actually bearing the brunt of supporting the child. If it is in your court order that you alternate years, you can still claim her, otherwise, the parent that meets the guidelines claims her.

I am not sure about your state, but in Michigan, the non-custodial parent may claim a child on income tax IF the custodial parent signs a form giving permission. I am a stepmom to two teenage boys and we have full custody. It was not a court ordered custody, but their mother moved a few hours away and the boys did not want to finish high school there. (In the divorce papers, it is listed as joint custody) We pay for all of their expenses, (medical, dental, clothing, etc), and she will help in small amounts, once in awhile. Since the children live here more than 50% of the time, we are able to claim them on our income tax. She stated she was going to claim one of them and we did not give permission. She said she was still going to claim one and we told it was completely up to her, because we were too, and it would not be very difficult to prove where they lived more than 50% of the time. (They spend about 10 days per year with her.) I'm not sure if she claimed them too, but I would think their SSN being used twice would raise some red flags. Again, I'm not sure what the laws are where you live.

Case Closed!!...... Just havin a lil fun. But truthfully... mommy of 4 is right. It is like a w4, get your cash now and pay later, or pay now and get your cash later! Depends on your personal situation. : :o

Has anyone heard of not being able to claim your son/daughter on your income tax because you are not paying 50% of the childs living expense's.

My attorney told me this, so she is now able to claim him until he is 18. Unless I pay the 50% or more.

I am already paying $75 a week. How much more do I need to pay???

If you ask me, I think this is nuts.

Never been late on child support or anything.

Have also been claiming him every other year until now.

Thanks!!!!! Go back to the agency and ask for a cost of living modification. If you need a strategy,..... one that has a 98% chance of success, PM me and i will walk you through it. PS... but your mind must knot be a complainer!!! PPS,...the tax exemption is the equalizer that most men aren't aware of. Oh... yes... the Irs haven't become family planners....Yet!!!!!!!

Here is the thing, it does not matter what the STATE laws are when it comes to filing your FEDERAL taxes. According to FEDERAL law, ONLY the custodial parent has the automatic RIGHT to claim the child[ren]. Even if you have an order from the STATE that says otherwise, the IRS no longer recognizes it. You would need to go back to court and ask that the CP be ordered to pay you what you WOULD have received had you claimed the child.

SO, even if an NCP is paying 100% of the child's expenses, unless the CP signs the proper form, the NCP has no right to claim the child on a FEDERAL return.

Now, if the CP is not challenging it, no problem. But if you BOTH use the child as a deduction, the NCP will LOSE with the IRS EVERY SINGLE TIME. The CP would however have to answer to the STATE. If the court order gives the NCP the right to claim the child, the CP is in violation of the order if they do not allow it.

That said, $75 a week only comes to $3900 per year. I don't know how many children are involved or how much the parents earn, but I DO know that childcare for ONE child is $75 per week where I live and that is when the child is going to school full time. It almost doubles in the summer and during other school breaks. It was costing around $850 per MONTH when the children were in FT daycare while I worked FT (Mon-Fri 9a-5p). And that didn't cover any of the activities and field trips.

If you are only paying $75 a week, that might not be anywhere NEAR 50% of the child's expenses.

Go back to the agency and ask for a cost of living modification. If you need a strategy,..... one that has a 98% chance of success, PM me and i will walk you through it. PS... but your mind must knot be a complainer!!! PPS,...the tax exemption is the equalizer that most men aren't aware of. Oh... yes... the Irs haven't become family planners....Yet!!!!!!!

Better watch it when trying to bend the rules with the IRS. While you may get away with it once or twice, they usually catch people that don't follow the rules. ;)

Just want to say thanks for all the reply's.

Anyways. It is court documented that I pay 20% of my earnings ($75) per week. (State Law) It was also court documented that I get to claim my son every even number of years and she gets to claim him every odd number of years. That was ordered back in 2001. Now I am taking her back to court for extraciricular activities, school documents, summer visitation, daycare, etc.

Well her attorney (and her) are wanting to claim him every year, because they say that I'm not giving 50% of the expenses. So that is where I pretty much stand right now.

I went ahead and agreed on it, because my attorney told me that the judge (which he knows) probobly won't agree to it.

What I also don't get is how they can go back and change an order like that, since she already agreed on it. O well I guess.

Please let me know what you think. If you have any questions please ask.

-Justin
-Central Illinois

Just want to say thanks for all the reply's.

Anyways. It is court documented that I pay 20% of my earnings ($75) per week. (State Law) It was also court documented that I get to claim my son every even number of years and she gets to claim him every odd number of years. That was ordered back in 2001. Now I am taking her back to court for extraciricular activities, school documents, summer visitation, daycare, etc.

Well her attorney (and her) are wanting to claim him every year, because they say that I'm not giving 50% of the expenses. So that is where I pretty much stand right now.

I went ahead and agreed on it, because my attorney told me that the judge (which he knows) probobly won't agree to it.

What I also don't get is how they can go back and change an order like that, since she already agreed on it. O well I guess.

Please let me know what you think. If you have any questions please ask.

-Justin
-Central Illinois

As long as you are paying the same amount or more in child support as you were when the order was first issued, she won't be able to have the order changed so that she can claim the child every year. If you are paying LESS or not paying at all, she would have a good chance at winning. But since there is no change in circumstance since the order was issued it will stay the same.

Did you put the child on your return for 2006? If so, did she also do this?

The IRS will side with mom, but family court WILL NOT. The judge will order HER to pay YOU the amount you SHOULD have gotten on your tax return.

I did claim him this year. The papers haven't made it to court yet. So stated in the first order this was my year to claim him, so I did.

I don't think she claimed him because I think the IRS would have let me know.

Since I have started paying child support I have NEVER been late on a payment. Actually, I am over. Paid her more just in case something would happen.

My attorney and her attorney ARE changing the order for her to claim him every year now. If it was to me, I would let the judge decide. But that's just me.

Thanks Again for everything.

-Justin

I did claim him this year. The papers haven't made it to court yet. So stated in the first order this was my year to claim him, so I did.

I don't think she claimed him because I think the IRS would have let me know.

Since I have started paying child support I have NEVER been late on a payment. Actually, I am over. Paid her more just in case something would happen.

My attorney and her attorney ARE changing the order for her to claim him every year now. If it was to me, I would let the judge decide. But that's just me.

Thanks Again for everything.

-Justin
Don't spend your tax refund to fast. It can take up to 6 MONTHS or MORE before the IRS catches any mistakes (like 2 people claiming the same children).

How are the attorneys just up and changing the order? This DOES concern you and you have EVERY right to not agree and let the JUDGE decide. Which, by the way, he already HAS!

If they present you with papers to sign that would allow her to claim the child every year, run them through a paper shredder and mail them back to the attorney with a nice little note saying "Here's what I think of this proposal. If you would like to continue pursuing this matter, feel free to file for a modification through the court. Otherwise BITE ME!"

Hmmmm might take this into consideration.....lol!!!!

Hmmmm might take this into consideration.....lol!!!!

You don't HAVE to agree to anything. The court order can't be changed without the JUDGE'S approval even if you do! If it were ME, I would take my chances with the judge.

I really HATE it when a lawyer tries to bully someone into an agreement by saying things like "It doesn't matter if you agree or not, the judge will approve it and he will be pissed with you for making a big deal out of nothing!" 99% of the time when things like this are said, it is because they know there is little to NO chance that the request will be approved WITHOUT both parties consent.

Better watch it when trying to bend the rules with the IRS. While you may get away with it once or twice, they usually catch people that don't follow the rules. ;) I would never bend or break the rule, but the exemption issue is not written in stone with the agency. Been there done that legally. By the way ceara, how are things going in your neck of the woods? :)

I would never bend or break the rule, but the exemption issue is not written in stone with the agency. Been there done that legally. By the way ceara, how are things going in your neck of the woods? :)

This was the first year that the IRS said they would be enforcing the rule. It's still to early to tell if the really ARE and what impact it has on NCP's. Last time the IRS did a MAJOR change concerning dependents was in 1987. That was the first year that social security numbers for dependents was required. In what has got to be one of the best magic trick ever, 7 million "dependents" disappeared that year.

Things are going pretty good here. How about you?

"Here's what I think of this proposal. If you would like to continue pursuing this matter, feel free to file for a modification through the court. Otherwise BITE ME!"

This is absolutely classic! I plan to save this little tidbit for my own affairs! Thanks Ceara.

Just wanted to give my input


To say that you have provide over 50% of support of your child this irs actually has a worksheet to figure that. You use everything the child needs ie clothing food shelter (rent or mortgage that CP pays food bought anything that child needs down to every last dime) and then you figure what you have provided which a doubt is any where near 50% just because you pay child support doesn't mean that the child can live in the street for free.


There a many credit available to claim a child

One Dependent Exemption if it's you son, daughter etc they don't have to live with you this lowers you taxable income by 3200 for this year

Child Tax Credit-child must have lived 7 months or more to claim this one it reduces you tax due up to 1000 for this year

Earned Income Credit-Child must have lived with you all year unless they were away at school this credit is the one most people making under 37,000 qualify for and alot of noncustodial parents take illegally this credit can be up to 4400 for two children.

But in all case senario in all of the above you must provide over 50% of there support for the year.

I work in Taxes and I see every year mother comes in fathers already claimed child and child doesn't even live with them I give the the fraud number and tell them to mail in there form since they can prove the child lived with them.It kind of like the rush to finsh line with claiming children nowadays