WEIRD TAX CREDIT QUESTION

iVillage Member
Registered: 11-23-2004
WEIRD TAX CREDIT QUESTION
4
Fri, 02-18-2005 - 10:50am
My ex husband wants to "half" claim our son this year for tax credit. Meaning he wants to claim half childcare, half medical expenses...etc. I've never heard of this but can he even DO that? We're supposed to alternate claiming our son every other year (he gets to claim him odd years, I get to claim him even years) and he claimed him in 2003 and never mentioned this "half claiming" crap when HE claimed him, he claimed ALL of him. Now that it's MY turn to claim him for 2004, he's pulling this info out of thin air. But I need to know if he can even do that (claim half of the child care and medical) before I protest it. Thanks.
iVillage Member
Registered: 03-19-2003
Fri, 02-18-2005 - 11:56am
I've never heard of that... and fair IS fair.

Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-11-2003
Sat, 02-19-2005 - 6:25am
He can do just about anything. My ex and I also alternate years, but three years ago he decided to claim our daughter on my year. And then again, the following year. Thus giving him three years in a row. In the IRS's eyes you are just a number, and they operate on a first come first served bases. Since he had his taxes filled right away all three years, the IRS automatically assumed I was at fault and adjusted my refund accordingly. And there is NOTHING that you can do. I am modifying our existing custody agreement right now, but it has taken over two years and I still have not seen the inside of a court room. It is amazing what one person can do to another and get away with it!
iVillage Member
Registered: 02-19-2004
Sat, 02-19-2005 - 10:05pm
I am not a tax accountant, but I don't think you can 1/2 claim the deduction or the child care costs. The previous poster is right, the IRS will not question the first person to file with the child's ss #, so get your return done and filed, and then tell your ex no way. If he does file with your son, you can use the custody papers to prove to the IRS that the deduction is yours for this year (this may be faster than seeking remediation through the family courts).

Photobucket

iVillage Member
Registered: 06-11-2003
Sun, 02-20-2005 - 7:39am
I did use my custody papers to prove to the IRS that my ex claimed dd during my year. They told me that it was a *civil matter*, to talk to my atty, the IRS wnated nothing to do with this argument, we are just numbers to them. So I then did spoke to my atty, and so far I have gained nothing because the court system is so backed up.