bwahahahahahahaha
So, with tax season around the corner, my husband decided to discuss with BM about claiming SS5 as she's done it every year since he's been born.
Her response, he "can't because it's illegal". So he responded back "how?" Considering he's been on child support since 2009 and custody was established at the beginning of this year to reflect that they have 50-50 physical and legal custody, I'd love to know what rock BM is living under. Oh, she received the information from her sister (whos still married to her children's father).
I hope my husband goes ahead and files for this one!
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DH and BM are supposed to
DH and BM are supposed to split which kids they claim as dependents according to their CO. He always just lets her claim them though since we itemize our taxes, but just once I wish he would say he was claiming SD so that she would get less money back. It's not like she uses it on them anyway!
In our case the custody order
In our case the custody order did not stipulate this tidbit.
Technically according to the custody order, BM has SS the majority of nights (which is what the IRS goes by), in reality if its not equal its damn close-like within a weeks of nights. However also according to the custody order, they have joint 50-50 custody and legal rights.
We're torn right now on whether to just claim him or put in the necessary paperwork to the court for a modification to the custody order.
Well, DH's and his ex have
Well, DH's and his ex have 50/50 custody. Their CO has them switching off each year who gets to claim SS14. Ironically enough however, since BM is listed as having legal custody (in our state anyway, you can't split that) we have to get a signed waiver from her every year that it is our turn to claim SS14. In my case, I have sole physical and legal custody of my 16 yr old. So even though she does see her father on a weekly basis, I am the only one who gets to claim her on a yearly basis.
My DH and MMM have 50/50
My DH and MMM have 50/50 parenting and he was to claim SS every other year. She claimed him the first 4 years, and she told him " I NEED that $$. If you let me claim him on your time, I'll give you $1000" well, my Dh (idiot that he was) said Yea sure! I finally told him to claim him, which happened to be the final year he could be claimed. Lo and behold, he got well over $1000 back. If only he had listened to me before.
Now my CO says that my XH get to claim the 2 youngest ones each year....as long as he is current with that year of CS. So since he has NEVER been current, I've gotten to claim them every year.
In my case, GG IS current
In my case, GG IS current with CS and always has been. He pays $1000 a month in CS on a $15 an hour salary. There are three kids. He's actually paying for daycare that the Behemoth hasn't used in over two years. But since it's near impossible to get a downward mod in NYS, we just look the other away. She's rolling in dough as she remarried a sugar daddy.
The mediation agreement says "GG will be able to claim AT LEAST ONE" child; which to the Behemoth she has always interpreted it as ONE child out of the three; the oldest of course who is now 15. Three more years to deduct him, three more years AFTER deductions stop he still has to pay CS!
And of course the Behemoth won't do the standard two/one rotation nor will she let him claim one when the oldest turns 18 you can bet your boots. Every year he ends up paying $500-700 in taxes despite his take home pay being a whopping $200 a week after CS and taxes.
Nice!
The whole 50% or more for a
The whole 50% or more for a deduction I believe only really applies for applying for EIC in your taxes, not for just a regular deduction for a dependent...Check the IRS website instead.