Taxes and 50/50 Custody
Does anyone know what happens if both parents in a 50/50, week on-week off, custody situation claim the child. We've had the custody order since 2013. BM claimed 2013 with our permission, however this is now our year and BM won't say, but definitely claimed SD again.
The issue I have is that despite the income difference being BM 65%, DH 35% we pay like it is equal incomes for the parents. Summer camp is divided 50/50 and all essential are provided by both households equally. The custody order does not specify tax filings, and we have not filed for a child support order.
Help! Has this ever happened to anyone, what should we do?
- InNeedOfGuidance12's blog
- Log in or register to post comments
Comments
My DH was supposed to have
My DH was supposed to have 50/50, didn't turn out that way so now he claims all 3 every year. But it was planned with 50/50 to alternate years. One year DH would get 2 and BM would get 1, the next year DH gets 1 and BM gets 2.
Ladyface is right, whoever files first will get to claim the kid. I would either try to work something out with BM, but if she's not agreeable just try to file first next year and hope that you beat her to the punch! If that doesn't work and it's worthwhile to you, you'll have to get a court order saying your DH gets to claim every other year.
I'm saying with experience,
I'm saying with experience, call the IRS and ask them. I have it spelled out in my order that each of us claim one child. My ex thought if he beat me to the punch he'd get to claim both, he was wrong.
Since it isn't spelled out, call the IRS and ask them. They will ask you a round of questions, and give you an answer. I think that you need to get this situation resolved in writing with the BM though. Maybe an every other year situation.
If he had mailed in the
If he had mailed in the return along with a copy of the CO the IRS would have enforced it. That's what I did.
Thanks for all the quick
Thanks for all the quick responses. I've just had enough with all of this. BM has been running her mouth to SD constantly about DH's financial obligations. He needs to buy his own sneakers for his house (which we have). If you need braces DH will have to pay half. Etc. She went so far as to buy SD a pet, without talking to us and threw a fit when we wouldn't allow the pet to share the 50/50 custody.
He is responsible for as much she is with almost half the income. I am about ready to file for a child support order & let everything financially go through the court.
Thanks!
My understanding of the time
My understanding of the time breaker rule is that if it is a year with 364 days then it comes into effect..otherwise the parent with the most "overnights" 183/182 claims, which is why it alternates.