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Does anyone know how to prove the right to claim a child on taxes?

Newstep's picture

Submitted by Newstep on Sat, 04/07/2012 - 8:51pm

SO has been claiming SD since the split for the last three years. In all that time BM hasn't worked. Well she just got a job working 12 hours a week. First thing she did was say it was her turn to claim SD because it's not fair that SO gets to claim her every year. We are talking about filing on the 2012 year which is way off but she is hounding him about it. Whining about how now she has to claim single and 0 on her W-4 and have too much taken out of her paycheck. If she claims her she can adjust her W-4 and get more money in her check. Which 12 hours a week it's not like she is making thousands a month or anything.

Well SO completely supports SD he pays 1700.00 per month in CS and provides for her when she is at our house. According to IRS if there is a dispute they use tie breaker rules which in our case would be where SD spent the most overnights. So for 2012 she will be with SO for 26 weeks and 3days and with BM 26 weeks. So that means it's SO 's right to claim her. But I'm not sure how to document it or if they will just look at the custody agreement.

I am probably wasting my efforts here because I doubt she will keep the job long but I think she will still try to claim SD to get the EIC or something like that. Which means our refund will get held up for months if they both claim her. So I didn't know if we could file something proving it's his right or just wait it out. Thanks for any help.

Comments

knucklehead's picture

Submitted by knucklehead on Sat, 04/07/2012 - 9:10pm

First, what does the support agreement state? Tax exemptions are usually addressed.
Second, 52 weeks plus 3 days equals 367 days, and even with leap year, there weren't that many. :?
Third, REGARDLESS of who claims the tax exemption, the primary residential parent (if qualified) can claim child care expenses, HOH, and EIC. So, if she has custody (on paper) 50.1% of the time, but SO is allowed the exemption deduction, she can still deduct the child care expense, claim HOH, and get the EIC.

There are a lot of unanswered questions. More details would be helpful.

Newstep's picture

Submitted by Newstep on Sat, 04/07/2012 - 9:29pm

Well it wasn't addressed in the paperwork. Sorry it was 2 extra days with leap year this year. It's equal 50/50 custody in the agreement with parenting time as EOWeek. So only one of them can use the tax benefits. SO makes too much to use the EIC but he does use the HOH status.

knucklehead's picture

Submitted by knucklehead on Sat, 04/07/2012 - 9:34pm

Weird that it wasn't addressed...
There is NO primary parent noted in the custody agreement? Again, that seems weird. Also, while there are 52 weeks in a year, every year (but leap year) has 365 days. That's an odd number, which means that "someone" has more time.
Who's address is used for school? Were they ever married?

Newstep's picture

Submitted by Newstep on Sat, 04/07/2012 - 10:26pm

I know it is very strange. They are equal 50/50 no one is designated primary. My agreement is like that as well but we did have an agreement on who would claim the kids for tax purposes. SO tried to get it adressed but she wouldn't agree to anything and the judge just let it go. They were married and the school has our address for everything so does the doctor. She also had her address listed with the school but she has moved four times in the last three years so I don't know if she updates her address with the school.

Newstep's picture

Submitted by Newstep on Sat, 04/07/2012 - 10:19pm

That's what I'm betting she will do is file first and get a big refund. Then SO will have to go to all the hassle with the IRS. What support do they require to prove more overnights ?

Newstep's picture

Submitted by Newstep on Sat, 04/07/2012 - 11:15pm

Yes!!! Smile Thank you. I'm going to keep up with the calendar I do already in my phone and SO syncs with mine so we both keep track of all appointments and time with SD. We have already had her with us for about 3 extra days this year because BM didn't have hot water at her apartment and SD had to come home and shower. I keep track of all that already because she tried to take SO back to court for more CS by stating he wasn't keeping SD on his time. SO handed her a printout of the calendar I kept and she dropped her request a few days later. }:)

Rags's picture

Submitted by Rags on Sat, 04/07/2012 - 11:59pm

I would say that the person who files first each year has the upper hand in this battle.

Make sure you file in late Jan or early Feb at the latest.

That said, if BM is stipulated in the CO as the custodial parent then it is her deduction.

In the event of actual 50/50 joint physical and legal custody ..... if your SO had the kid for more than 182 days then he wins the IRS tie breaker. If BM had the kid for more than 182 days then she wins.

Unfortunately it matters not who makes the most money.

We were fortunate. As a 16yo single teen mom my wife had both physical and legal custody from day one and the SpermIdiot had 7wks of visitation per year. We had no issues with who claimed SS regarding taxes.

It did not make much difference though. The SpermIdiot had three more out-of-wedlock spawn by two more baby mamas and had no shortage of deductions.

All IMHO of coursre.

Good luck.

stepsonhatesme's picture

Submitted by stepsonhatesme on Sun, 04/08/2012 - 8:23am

My DH and MMM paperwork states that DH gets to claim SS every other year.
My paperwork says that my XH gets to claim my 2 youngest kids IF he is current with that year's CS. (which he never is) so I've never had to worry about it.