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Mommy2gio · Jan 16, 2007, 11:13 AM

My Husband and I have one son together and he has one that he pays child support for. We pay child support with no questions asked and have for all 5 years of his life. The thing is that we have him the exact amount of time his mother has him... One week on and one week off. My question is "Is there some paper work to file to request that we be able to claim him everyother year?" I know we could just ask her but I am sure she won't go for that. She chooses to live off the system while we work and pay her child support as well as support him when he is at our house. Any info would help. We live in Washington state if that makes a difference in paper work or rules.

Thanks so much

ScottGem · Jan 16, 2007, 11:19 AM

The rule is that you can claim a child as a dependent if you provide more that half the support for that child. If you can prove you do, then you can claim him. I would contact the IRS and ask what you would need to prove it.

Mommy2gio · Jan 16, 2007, 12:05 PM

Thanks!

excon · Jan 16, 2007, 12:33 PM

Hello Mommy:

If you find that you ARE entitled to the deduction (and I'll bet you are), then you very well may have also been entitled to it for the last three years too. If so, you may file an amended return and get back ALL those taxes you didn't owe.

You don't need her cooperation, and I wouldn't call the IRS, either. Just file for it. You've got your cancelled checks. If she already took the deduction, you'll hear from the IRS, but that's no big deal. Just prove to them that you're entitled to it, and buy yourself a brand new BMW.

excon

Fr_Chuck · Jan 16, 2007, 12:42 PM

Normally the court in the child custody paperwork tells who gets to file, and if it is shared which years. This is very common in today's custody agreements.
If not most likely it will need to be decided there.

Mommy2gio · Jan 16, 2007, 01:22 PM

She was awarded residential custody because in the beginning he was with her most of the time anyway becase she was nursing. They were not married either, Our arrangement started shorty after. So nowhere in the childsupport papers is there parenting plan just the amount owed. We have filed papers in with the court (but not served her yet) for a parenting plan for schedules. We want to get that established then take that with us to have the childsupport order modified. After that I think we should be able to go from there but should we have included the " file every other year" thing in those papers?

ScottGem · Jan 16, 2007, 01:49 PM

Yes, that would be part of the "parenting plan"

AtlantaTaxExpert · Jan 16, 2007, 08:38 PM

All good advice.

However, does the lady work, or is she on welfare? If so, she may not NEED to claim the child as a dependent.

It has been my experience to cooperate on such issues. It works out best for everyone that way!

Mommy2gio · Jan 17, 2007, 12:36 AM

" Just prove to them that you're entitled to it, and buy yourself a brand new BMW."

Haha you are too funny! Thanks for the advice

Mommy2gio · Jan 17, 2007, 12:40 AM

Originally Posted by AtlantaTaxExpert

All good advice.

However, does the lady work, or is she on welfare? If so, she may not NEED to claim the child as a dependent.

It has been my experience to cooperate on such issues. It works out best for everyone that way!

She is currently not working. She did work during the year and is now receiving unemployment checks. We are trying to keep things civil for our son's sake but financially we are receiving the bad end of things. :(

ScottGem · Jan 17, 2007, 06:56 AM

Originally Posted by Mommy2gio

She is currently not working. She did work during the year and is now recieving unemployment checks. We are trying to keep things civil for our son's sake but financially we are recieving the bad end of things. :(

ATE makes a good point. If she had no income for the year, then claiming the child as a dependent isn't going to provide any tax relief for her. While it could make a difference on your return. Offer to do her taxes for her and show her how there would be no affect.

AtlantaTaxExpert · Jan 17, 2007, 04:00 PM

Scott has a good idea about offering to do her taxes, but take it one step further.

Hire an experienced tax professional and have him/her do your and her tax return and serve as "honest broker" in the case. I often do this for couples who have divorced with children who were my clients when married. I prepare their returns concurrently, then swap the children around to determine the optimal mix. The person who gets the exemption(s) then writes a check to the "losing" parent to compensate him/her for the lost exemption.

It's a win-win situation for all concerned! :-)