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back child support and taxes... Colorado

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  • back child support and taxes... Colorado

    Hi, I just found this site and I love it, lots of great info! I have a few quick questions. I am the NCP of four great kids, I have them every other weekend and two weeks per month in the summer. With all that said...... My divorce was filed in Aug. 2006 and a temp. CS order was created in october. At the final divorce hearing(November 24th) we hashed out the custody agreement, such as how many days I would recieve with my kiddies. I wanted every weekend but, instead got the every other weekend deal. Anyway, because the temp. agreement said this much... and the final aggreement, after the decision by the magestrate about time, said that much.... I am behind $300.00.
    Now in the decree, we agreed to split the deductions 2 and 2. But since I was behind as of January 1st she filed HER taxes on the 5th with all the children, claiming since I was behind as of Jan. 1st that she gets all the deductions. Is this true? Can I write her a check for the $300.00 and file my taxes, claiming my two as agreed? I was unaware of the Jan. 1st rule. Any advice would be appreciated.

  • #2
    a tax adviser could answer this better, but I've been told that if you have a court order to claim 2 kids, that is what you do. If the IRS won't accept your return, you file contempt charges. In the meantime, get the arrearages paid pronto. I have never heard of any Jan 1 rule. You need to call a tax person, then call her and tell her she needs to file an amended return dropping 2 kids or you will be filing contempt charges in court.

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    • #3
      Originally posted by father0f4 View Post
      Hi, I just found this site and I love it, lots of great info! I have a few quick questions. I am the NCP of four great kids, I have them every other weekend and two weeks per month in the summer. With all that said...... My divorce was filed in Aug. 2006 and a temp. CS order was created in october. At the final divorce hearing(November 24th) we hashed out the custody agreement, such as how many days I would recieve with my kiddies. I wanted every weekend but, instead got the every other weekend deal. Anyway, because the temp. agreement said this much... and the final aggreement, after the decision by the magestrate about time, said that much.... I am behind $300.00.
      Now in the decree, we agreed to split the deductions 2 and 2. But since I was behind as of January 1st she filed HER taxes on the 5th with all the children, claiming since I was behind as of Jan. 1st that she gets all the deductions. Is this true? Can I write her a check for the $300.00 and file my taxes, claiming my two as agreed? I was unaware of the Jan. 1st rule. Any advice would be appreciated.
      I agree, ask a tax professional about it. But, was there anything in the order stating that you must be current on CS before you can take the deductions? If there isn't, I'm pretty sure that you should take the deductions and if she does, she's in contempt of court.

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      • #4
        father0f4: Now in the decree, we agreed to split the deductions 2 and 2.

        As long as your divorce decree does not condition your right to their dependency deduction on you being 100% current in child support or some other unfilled requirement on your part, the kids are yours to claim. Note: There is no January 1st rule (as you have described it) in the tax law.

        Caution: If your children lived in your home less than 6 months last year, you will need to attach Form 8332 http://www.irs.gov/pub/irs-pdf/f8332.pdf to your tax return. Your ex-wife needs to sign this form. If she refuses, you can go to court and request a court order for her sign. The court can also fine your wife and award you monetary sanctions if it finds your wife acted in an unjust manner.
        Barry S. Phillips, CPA
        www.BarryPhillips.com

        IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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