Tax time & non-payment of support

iVillage Member
Registered: 12-14-2004
Tax time & non-payment of support
8
Mon, 01-03-2005 - 11:21am
I need some professional advice if anyone knows? I live in Ohio & I heard that if your non-paying loser baby's daddy------------lol, I have to have humor about this...............is behind by a certain $ amount that he can not claim her on his taxes, regardless what the custody papers state. I heard it was a State Law now. I contacted my child support office, but they said they are not sure, & that it would fall under that state income tax laws, not theirs. So..........does anyone know for sure & how do I find out? I have tried to look it up on the state of ohio tax laws website, but it is way to confusing. He owes me almost $1000.00 from last year! Thanks
iVillage Member
Registered: 04-21-2003
Mon, 01-03-2005 - 11:33am

Not sure about Ohio. I live in Texas, but was divorced in Mississippi. Our custody/divorce stuff is all within MS giudelines, which I've tried to change and have had no luck. But because I have custody and the ex has only visitation, he doesn't claim our son on his taxes. I do. He pays support and I claim our son. I thought it was that way in all states, but I guess I was wrong. Do you have custody and he gets visitation? What is the living arragement/visitation on this? If your child lives with you primarily, I'd think YOU would be the one to claim your child on taxes, not the ex.

Mel

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iVillage Member
Registered: 03-20-2003
Mon, 01-03-2005 - 11:40am
In Michigan, not only could my ds's sperm donor NOT claim him (never could) but he also didn't get his tax return, because he was in arrears over a certain amt. (I am thinking it was 2500.00, but he was THOUSANDS in arrears, so definitely over the limit) I got his check mailed directly to me in my name. He probably never knew why he didn't get his return. LOL!!!
Becky

Becky

 

 

iVillage Member
Registered: 02-19-2004
Mon, 01-03-2005 - 11:41am

Do your custody papers state that you take turns taking her as a deduction?

I searched on yahoo and found this: http://www.legislature.state.oh.us/BillText123/123_HB_509_1_Y.htm

Rows 793 to 798: "The court in its order may permit the parent who is not the residential parent and legal custodian to claim the children as dependents for federal income tax purposes only if the payments for child support are current in full as ordered by the court for the year in which the children will be claimed as dependents."

I am not sure from reading this if you must have a court order that says you will take turns taking the child as a deduction, but if the NCP is behind on payments then the NCP loses the right to take the deduction in that year. It does sound like he can only take the child deduction if he is up to date on payments, but you should ask an attorney to be sure. Also, was your custody order in place before the law was in place (1999-2000)? You could print this out and show it to him, and tell him he can't take the deduction. If he agrees to not take it (agrees that this is what the law says and that he will follow the law) then of course you are free to take it on your taxes. If he doesn't agree, then you may end up in court over it, or at least having your attorney send him a harsh letter that you will notify the IRS he is ineligible to take the deduction. Let us know what happens.

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iVillage Member
Registered: 12-14-2004
Mon, 01-03-2005 - 12:14pm

Wow, you guys are great & I knew you would know. To clarify, we have shared parenting with me as residential parent. There are no laws in Ohio on who gets to claim the child, it is a case to case basis. We currently have ever other year. I tried to get every year, but he got every other anyway.

He knows the law, but says he is going to claim her anyway because the IRS probably will not catch it. He is a jerk. Last year I bribed him to let me claim her. I told him if he let me claim her, which gave me an extra $2200.00 subtract his $500.00, he owed, I would pay his arrearage. "Smile" trying to be nice, you know. I still ended up with $1600.00 I would not have gotten unless he let me claim her.

So, it is really my year to claim her anyway. It is like a waiting game to see who will get their w2's back first. Obviously from your info on the web, he really can not claim her. I will get back the extra $ plus what he owes me! HAHAHAHAHA Finally.....mommy & daddy can't bail him out on this one & he gets screwed.

iVillage Member
Registered: 02-19-2004
Mon, 01-03-2005 - 12:43pm
Tell him you are going to claim her too, and do it. Then the IRS will come back to him and make him file an amended return. Plus he may have penalties. Let him know the IRS will catch it since you are going to claim her too (they will match up the ss# and see she was a deduction on two different returns), so he's better off just filing correctly the first time.

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iVillage Member
Registered: 06-18-2004
Mon, 01-03-2005 - 1:35pm
My ex attempted to do this to me one time. We have three children together, and our divorce states that every other year, he can claim two. When he became grossly behind in child support, and after having spent some time in jail, the judge informed him, he couldn't claim any of them until his arrearage was caught up, and every child support payment was on time. That very year he claimed them on his income tax return, and I was unable to file "rapid return". I later filed an amended return, included court orders regarding claiming the kids, and arrearage. I also included a statement from the court to the effect of how much he was behind. The IRS forwarded me a check for the difference. What penalties they imposed on my ex, I don't know.
iVillage Member
Registered: 05-05-2003
Mon, 01-03-2005 - 2:56pm

Well, I can't be of much help, since I'm in BC Canada, but here the payments for child support are NEITHER claimable nor deductable. You can chose to write them on your return or not, they are not used in your income.

And I am the one who gets to claim Nicolas as a dependant, since he lives with me full time. I also get to deduct what I pay out in childcare and medical for him, since his dad does not contribute to any of that.

But I suggest that if you do file and know for certain that your ex is planning to file- an anonymous call to the IRS always comes in handy :)

Seriously though, the suggestion of including your court documents and a tally of his payments to date and what he is owing with a letter explaining what all the added documents are, might be helpful. They could at least be urged to look up his documentation and have a look. If they think anything is fishy, they'll rake it with a fine tooth comb. The government, whether Canada or US doesn't like people skimping on their taxes.

I wish you luck
Alison

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iVillage Member
Registered: 03-26-2003
Mon, 01-03-2005 - 8:01pm
this is pretty promising stuff...isn't it also a matter of who gets their taxes taken care of first? If you turn in your stuff next week, what can he do about it when he owes you? I think your local H&R block would know.