Tax time & non-payment of support
Find a Conversation
Tax time & non-payment of support
| 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

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
<a href="http://www.TickerFactory.com/weight-loss/wtCMCc4/">
<img border="0" src="http://tickers.Ticker
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.
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.
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