Ask Experts Questions for FREE Help !
Ask
    crystalsuiter's Avatar
    crystalsuiter Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 3, 2009, 10:00 AM
    Mother claimed child when father was suppose to
    I, mother of dependent, claimed our daughter when it was her fathers year to claim her. We are divorced and our permanent parenting plan states that we are to rotate years of claiming our daughter. However, it also states that both parents are responsible to pay half of our daughter child care services. I have proof showing that I have paid for all of the child care. He has told me that he his not going to pay for any of her child care and that I would have to take him to court. I don't really have the money to get an attorney and go back to court over this. So that is why I claimed our daughter when I was not suppose to. What can I do?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 4, 2009, 06:53 PM

    If you think that you are the one who can claim the dependent, then file your tax return and claim the dependent. It you are unable to efile, then send paper return. IRS with then contact both of your and figure out who must amend the tax return and pay the tax due with interest and penalty.

    Only custodial parent can claim the child. It does not count who is paying child support. Also, non-custodial parent can claim the child only if the custodial parent signs a release Form 8863 or there is a court order meeting the IRS requirements. Who can claim the child if the parents are divorced, separated or unmarried, read: Your U.S. Tax Return: Child of separated or divorced parents
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Apr 4, 2009, 08:27 PM

    It appears you have a court order, so I don't normally disagree with our tax expert, Since there is a court order stating which years each can have, if you claim the wrong year, the other party

    1. can take you back to court for being in contempt of court.
    2. the other party can file claiming the dependent and send a copy of the court order in as proof.
    If they accept that one, you will be required to refile and pay back any over payment in tax refund.

    Your proper chocie was take him back to court which you choose not to do , and get the court order modified.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jun 3, 2009, 12:51 PM
    Crystal:

    I agree with Fr. Chuck. The IRS will honor a divorce decree if the decree who is supposed to be claiming the child's exemption. If you have violated that decree, expect the IRS to disallow your exemption once they get all of the facts.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Father Asks mother for child support when mother has no money [ 2 Answers ]

My mother got re-married and had my little brother with this man. He is now 10, I'm 15 and my sister is 17. (Our father pays child support but not on a regular basis, you can't depend on it) About 3 years ago they separated and got a divorce. We had custody of him. Then my brothers father filed...

Does a father have the right to know the health of his child inside the mother of it? [ 3 Answers ]

I'm writing this to ask.. My 18 yr old brother has gotten his 16 yr old girl friend pregnant. Since her parents have found out they cut off all contact between my brother & his girl friend. What he is asking me is... Does he have the right to know the health of the baby?

Can my mother sue my father for 18 years of child support? [ 12 Answers ]

I had just found my father after 19 years . When I was born my mother asked him if he wanted to hold her son and he said I wasn't his but held me anyway. Then my mother moved from Texas (where I was born) to Illinois, where I lived my entire life not knowing who he was. My mother lookied for him...

Custody of a child to father - mother deceases [ 6 Answers ]

I have a questions, recently a friend died of breast cancer and left behind a 3 year old. She left a document that she wanted her mother, the child's grandmother to raise the child. The dad, although absent from the child life, has now stated that he wants custody of the child. The dad is better...

Father pays child support, but mother wants more? [ 8 Answers ]

My cousin lives in NY and mother of his child lives in NJ. He pays $550 a month in child support but she wants more. He makes around 550-650 a week after taxes, but is afraid he will lose everything if chil support amount is raise. It might sound like a lie but he barly surviving because NY is...

View more questions Search