Filing Taxes?
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| Thu, 01-26-2006 - 10:10am |
Alright, I am going to the library to get some information on how to file taxes this year. Idjet is $4,753.00 behind on cs for whatever that matters; we are not in communication literally at all. Yet he wants to file jointly - ha. I signed last year and let him file it; he got well over $5000.00 claiming all five children for the tax credits etc; and he gave me zilch of it...big surprise; though I thought he would be held accountable eventually that hasn't happened.
After one full year now since I filed,we are still only legally separated; the divorce is not going to be final til the custody case goes to trial. Next court hearing which is not the final trial, but rather a second 'pre-trial conference' supposedly is delayed thanks to his lawyers request (fifth time in a year)...will be mid-March. So...I worked 6 months this year before he 'helped' me have to resign. Anyhow, I can file married, filing separately and claim some number of the children and then the IRS will ask for documentation of who the custodial parent is, right? We are 50-50 according to the temporary court orders in place right now, but the Child Support Agency lists me officially as the 'custodial parent'. He says he is going to claim the child care credits...I don't want to double claim something I shouldn't.
I am hoping also since he is in arrears that the Child Support agency will initiate some sort of intercept in his tax return for the arrearage, but I haven't seen them do anything aggressive yet in collecting it, so I don't know.
Ideas, or tips are appreciated; this is the first time I will have dealt with taxes in over 15 years (I know, I know...don't say it) so I am trying to get current information and make sure I file correctly.

Hi There,
You could also file Head of Household as long as he is not still living with you. They could also attach a lein on anything he might get back for a return. I went through H&R Block again this year. They are pretty helpful. You could also get online to the IRS web site. They have free tax help through their site. Hope this was helpful.Good Luck.
K:)
P.S. here is the site: www.irs.gov
Thanks so much~hopefully the links will be helpful to someone else too. "They" can attach a lien to his tax return if "I" have an attorney probably, but I don't, still, yet...I am pretty sure with his expert law team yada yada yada, he has some plan about this years taxes. I would guess he will not file at all or just delay it to the nth degree possible, knowing that the Child Support department could well attach the arrearage to his IRS return.
Its yet another thing where basically all he has to do is delay and drag his feet 30, 60, 90 days etc ...and all that happens is he gets a letter in the mail and he goes in at the last minute and pays some small amount - again saying he is destitute and cannot pay the full current cs...and meanwhile I cannot keep keeping afloat so he thinks/ is waiting for me to show up on the doorstep with the kids asking him to let them stay there since I cannot provide for them. I am keeping on looking for resources but this is a tough week, not much new to be positive about. I will keep hoping for a few 'open' doors, rather than looking at all the locked ones.
I will try to fill out the short form on my own and just send it in.
Hey girl....
I have been looking for you on here hoping everything is going ok.
Go to H&R block and let them file for you that way you get everything that you are due. Explain the situation to them about his arrears and who is listed as custodial etc. They will not charge you unless you owe IRS but will take a fee out of your refund. If you are looking at eviction do the rapid refund and get that money ASAP.
Just another note. If you file before he does, then he will have to prove to the IRS why he is filing using the socials that have already been used. You will still get the check if you file first. I know this because my So's ex has done that to him many times over the past few years. This year he got them in first. He is also primary custodial parent.She doesn't even live in the same school district.
Hope that helps.
K:)
Hi flalass, I'm new here but not to IV.
Your ex sounds like mine!
He dragging his feet to make you
(and the kids) starve and/or
face eviction???
What a jerk.
You know he's passive aggressive don't
you? ... I'm an expert on that one.
Mine continually had his attorney
drag and delay for months (make the court
date 3 months from now, instead of 3 weeks)
to keep me from obtaining a settlement,
pinning down child support, and moving on.
Back to taxes...
I've been reviewing the irs.gov site on
all this and here's what I've learned...
It doesn't matter if you have joint
legal custody, it's *primary* - or the
actual physical custody - that matters
when it comes to tax deductions. This
even supercedes a state court order.
It's federal law. The deductions
go to the person they live with.
(My ex tried to get the judge to
"force" me to sign over all future
years, so I needed to know). Yes,
in the event of a disagreement,
it's there, the federal rule
stands.
But please DON'T be coerced
into signing anything. If you DO sign
a waivor, make it for ONE YEAR only.
And keep what benefits you on YOUR taxes.
The feds requires the non-custodial
(or joint) parent to obtain a waiver from
the *primary* custodial parent to use the children
as tax deductions (IF you wish to allow it).
You can split them if you are feeling generous.
You need at least ONE child to claim
"head of household" which is a 7500
exemption versus a 3000(?) exemption.
If he claims the children without your
permission, and you subsequently claim them,
the law is on your side (physical custody)
in absence of that release/waiver form.
Also, the child tax credit is good for
you if your income is below a certain
amount. Check it all out on the irs site.
State sites have similar. I found I would
have a relatively large deduction with it
in my state, but not on federal.
Plus, if your income is low, you are not
required to file. But you may want to file
to get tax credits or refunds. YOu might
have these things if you cashed in a fund
or paid interest on a home, even if you didn't
earn income. Legally, you can claim it (home
interest deduction) if it's *marital property*
even if the loan is in his name.
HR Block will get you a speedy return
but they charge a mint to do your taxes(200-450).
You can also take your taxes to a free clinic
for reduced income people and then go and
pay HR Block a small fee for filing
to get your rapid refund.
Also, did you say you have no attorney?
In my state, that means the child support
office WILL act on your behalf. It sounds like
you have a case for an attatchment on his
returns, but first you must get the order
for him to pay. I have tried to use them
before but was denied because I had counsel.
Try making a phone call on it.
Also try your local legal aide.
You may need a pende lite motion
to get temp CS and Alimoney prior
to final decree. You shouldn't have
to wait on this. He sounds financially
abusive. Grrrr.
One other piece of advice, if your ex is
PA he will delay to his advantage... but
be prepared for him to do something
quickly (such as notify you of action
on taxes with only 2 days notice) when
he wants to win against you. IT's a surprise
tactic you would never expect! Mine did
that (on taxes too) - I recieved the
MAIL notice *the day after court* because
I did not have an attorney fielding
the orders.
When dealing with this passive aggressive
type it is always best to have him sign
what you need FIRST. OR naturally you
won't get it. NEVER let an attorney
tell you that "of course he will comply, it's
the law" and you have to trust him. (yeah right)
Always put it in writing and with a deadline.
In absence of deadline, make him/ex agree to
pay your expenses until *whatever* is
completed/ transfered or cashed in. You
may, after the fact, find out that it takes
2 years to cash in his retirement fund.
Good luck!
Star
Thought I'd post a quick reply. I do work at H&R Block. It's nice to see so many people recommend us. :) And you're right, we do charge a mint. Altho most of the returns I see are under $200, some closer to $100. Just depends on how complicated your tax return is and how many forms we have to fill out. We charge by the form. We do offer the rapid refund that everyone talks about. That isn't cheap, but it does take our fees out with it as well. If you're willing to wait a week to get your refund then it's not too bad. I think that's $24.95 plus our fees, but you do get most of your check back. It's the next day or the instant money that does add up pretty fast.
Ok as to your question. There is a new uniform definition of a child that took effect this year. Basically that is that the primary person that has custody--and this is usually the one that has them the most days of the year--is allowed to claim the child. The only exceptions to this is if you sign a 8332 form releasing your claim to the children. That means that you let him claim them. If he doesn't have that or a divorce decree or some other court papers stating he can claim them, he can't claim them.
IF he DOES claim them and you do as well. (And I suggest you do since you have primary custody.) The IRS will apply what they call the tiebreaker rules. That means that they look at 1) who has custody, 2) who has the children the most of the year--one parent has to have them more than the other. 6 months and 1 day would do it. And if that still doesn't work they go by the highest income. A way to prove you have custody if needed would be to have your landlord write a note stating you have the children living with you and a note from the school claiming they live with you. My sister needed that when she had a problem with her ex claiming the kids too when he wasn't allowed to. The IRS frowns upon that. Once the IRS determines that he wasn't supposed to claim the kids (that is if he tries it) then he'll have to pay back that money to them since he wasn't supposed to get it.
Hope that helps. If you have anymore questions feel free to ask me. I can send you my email address if you'd like.
Marty
Another thing, if anyone allows the ex to claim the kids, the noncustodial parent can only claim them for the child tax credit and as a dependent. Noncustodial parent's can't claim the kids for EIC. Even if the ex claims the kids during the year, the other one (custodial parent) CAN claim the kids for EIC. This also qualifies them to file as head of household even if they aren't claiming the kids for the others. I've seen it give some pretty good refunds to women who didn't have much income.
Thought ya'll might like to know about that.
Marty