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    jyjyjy147's Avatar
    jyjyjy147 Posts: 1, Reputation: 1
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    #1

    Jul 1, 2012, 07:41 PM
    What to do if non custodial parent claims your child on taxes?
    What to do if non custodial parent claims your child on taxes? Does him or her go to jail? How much do they have to pay interest and how much is the penalty they have to pay?
    deville p's Avatar
    deville p Posts: 78, Reputation: 5
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    #2

    Jul 1, 2012, 07:47 PM
    Who pays over 50% of raising the child? Is their a court order saying who has the right to claim?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7691
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    #3

    Jul 1, 2012, 08:02 PM
    If they claim the child or children, then you will have to still file and provide documents proving you have the right to claim them.

    Normally nothing happens to them, except they will lose that credit and deduction and have to repay any refund they got incorrectly, plus perhaps penalties but nothing major
    ebaines's Avatar
    ebaines Posts: 12,130, Reputation: 1307
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    #4

    Jul 2, 2012, 05:54 AM
    Quote Originally Posted by deville p View Post
    Who pays over 50% of raising the child?
    Deville- FYI, it doesn't matter who is paying the majority of the expense for the child - the custodial parent always gets to claim the child as a dependent (unless he/she has signed a waiver which the non-custodial parent must include in their tax filing, or unless the divorce was pre-2008, as noted next).

    Quote Originally Posted by deville p View Post
    Is their a court order saying who has the right to claim?
    For divorces prior to 2008 the non-custodial parent could include appropriate pages from the court order granting him/her the right to claim the child. But as of 2008 the custodial parent must still provide the waiver, as above.

    Fr_Chuck is correct - as the custodial parent you should file your taxes and claim your child as usual, except that you must file a paper return - if you try to file electronically the computers at the IRS will note the discrepancy and reject your return. Include with your paper return a note stating that you are the custodian parent, and a page from the court decree stating such - this will provided evidence that you are the rightful claimant and the IRS will then go after your ex for improper claiming of a dependent, and eventually he'll have to pay additional taxes plus interest. It may take a while, as the wheels of justice at the IRS turn slow, but fine.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #5

    Jul 2, 2012, 06:34 AM
    Quote Originally Posted by deville p View Post
    Who pays over 50% of raising the child? Is their a court order saying who has the right to claim?

    IRS says:

    "If a child is claimed as a qualifying child by two or more taxpayers in a given year, the child will be the qualifying child of: the parent;
    if more than one taxpayer is the child’s parent, the one with whom the child lived for the longest time during the year, or, if the time was equal, the parent with the highest AGI; if no taxpayer is the child’s parent, the taxpayer with the highest adjusted gross income (AGI)." A ?Qualifying Child?

    The party claiming the exemption can, of course, be designated by a Court-approved Order or agreement.

    I see nothing about 50%. Where did you read that?
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    ebaines Posts: 12,130, Reputation: 1307
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    #6

    Jul 2, 2012, 06:40 AM
    Quote Originally Posted by JudyKayTee View Post
    I see nothing about 50%. Where did you read that?
    It's a common misconception, perhaps confusion with the 50% rule that applies to a dependent you want to claim as a "qualifying relative" (such as your parents if you support them), but this does not apply to "qualifying children." The only support requirement for children is that the child must not have provided more than 50% of his/her own support.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #7

    Jul 2, 2012, 06:48 AM
    Quote Originally Posted by ebaines View Post
    It's a common misconception, perhaps confusion with the 50% rule that applies to a dependent you want to claim as a "qualifying relative" (such as your parents if you support them), but this does not apply to "qualifying children." The only support requirement for children is that the child must not have provided more than 50% of his/her own support.
    Brace yourself to be stalked and reddied by Deville.
    deville p's Avatar
    deville p Posts: 78, Reputation: 5
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    #8

    Jul 2, 2012, 07:55 AM
    Quote Originally Posted by JudyKayTee View Post
    Brace yourself to be stalked and reddied by Deville.
    Brace yourself? IRS says who ever pays majority of the chid care 50% or greater claims the child. But normally custodial parent is paying 50% are more. Courts also do even and odd alternating if both parents provide 50% chiid care. So what happens if he provides to the IRS he pays Marjory of the child care and the mother provides court papers to IRS ,says she's custodial parent?
    deville p's Avatar
    deville p Posts: 78, Reputation: 5
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    #9

    Jul 2, 2012, 07:58 AM
    There is loop holes in law and IRS so brace yourself! You may all be wrong including myself! Nobody can ever give a true right answer unless you judge and even they could be proven wrong !
    ebaines's Avatar
    ebaines Posts: 12,130, Reputation: 1307
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    #10

    Jul 2, 2012, 08:02 AM
    Quote Originally Posted by deville p View Post
    Brace yourself? Irs says who ever pays majority of the chid care 50% or greater claims the child.
    No - they don't say this at all.

    Quote Originally Posted by deville p View Post
    So what happens if he provides to the IRS he pays Marjory of the child care and the mother provides court papers to irs ,says she's custodial parent?
    Then she wins the case, unless she has signed a declaration stating that she won't claim the child. Please read the section titled "Children of divorced or separated parents or parents who live apart," on page 13 of IRS pub 501: http://www.irs.gov/pub/irs-pdf/p501.pdf
    deville p's Avatar
    deville p Posts: 78, Reputation: 5
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    #11

    Jul 2, 2012, 08:37 AM
    Quote Originally Posted by ebaines View Post
    No - they don't say this at all.



    Then she wins the case, unless she has signed a declaration stating that she won't claim the child. Please read the section titled "Children of divorced or separated parents or parents who live apart," on page 13 of IRS pub 501: http://www.irs.gov/pub/irs-pdf/p501.pdf
    This particular case yes.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #12

    Jul 2, 2012, 08:50 AM
    Quote Originally Posted by deville p View Post
    This particular case yes.
    In ALL cases with the exceptions I posted - did you read the law?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #13

    Jul 2, 2012, 08:53 AM
    Quote Originally Posted by deville p View Post
    Irs says who ever pays majority of the chid care 50% or greater claims the child. But normally custodial parent is paying 50% are more. Courts also do even and odd alternating if both parents provide 50% chiid care. So what happens if he provides to the IRS he pays Marjory of the child care and the mother provides court papers to irs ,says she's custodial parent?

    Child care is NOT the only issue if you are talking about which parent pays 50%. So you are saying if the mother, for example, pays all other expenses but pays 40% of child care that the father, who pays 60% of child care, can claim the child?

    Again - quote the law.
    deville p's Avatar
    deville p Posts: 78, Reputation: 5
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    #14

    Jul 2, 2012, 10:27 AM
    If 147 needs more advice then we will continue this chat. I particular know about this topic because I have a child and I'm not custodial parent but be cause I pay equal towards all things he needs I claim him everyother year court order! Experience is better than reading a law book. In reality what ever the out come is. That's what you live with regardless of the law you love to quote. EVERY CASE CAN BE DIFFERENT.
    deville p's Avatar
    deville p Posts: 78, Reputation: 5
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    #15

    Jul 2, 2012, 10:29 AM
    Quote Originally Posted by deville p View Post
    If 147 needs more advice then we will continue this chat. I particular know about this topic because I have a child and I'm not custodial parent but be cause I pay equal towards all things he needs I claim him everyother year court order! Experience is better than reading a law book. In reality what ever the out come is. That's what you live with regardless of the law you love to quote. EVERY CASE CAN BE DIFFERENT.
    thanks you all bye!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #16

    Jul 2, 2012, 10:48 AM
    Quote Originally Posted by deville p View Post
    If 147 needs more advice then we will continue this chat. I particular know about this topic because I have a child and I'm not custodial parent but be cause I pay equal towards all things he needs I claim him everyother year court order! Experience is better than reading a law book. In reality what ever the out come is. That's what you live with regardless of the law you love to quote. EVERY CASE CAN BE DIFFERENT.
    And that is - again - because a Court Order takes pecedent. If there IS no Order the law applies.

    You don't claim the child just because you pay 50% - you claim him because the Court says you can. For that matter you could pay nothing and claim him IF the Court agrees to it.

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