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question about claiming kids on taxes & contempt of court?

happymostly's picture

Submitted by happymostly on Sat, 01/29/2011 - 1:39am

H got his final court order signed and approved by the judge today. In the CO says that parents will claim sd EOyear, this year being Bm's. H mentioned it to bm today and she said something about "not remembering it being there when she signed the agreement & was going to go back to court to have it changed" not honestly H said he doesnt care if he doesnt claim sd ever anyway, he was going to use that $$ to put in her savings acct anyway. BUT if he was to do it on the years he's entitled to; could bm try to fight it? Ive heard several people say that the IRS does it based off how many overnights the children are with the person trying to claim. in the CO, visitation is set out to where H has sd 8 overnights a month, but it still has that about the tax claiming thing as well. So what would trump the other?

Other question: the final order visitation part was designed for when H still lived near sd. bm and him came to that agreement in July ( and H's lawyer typed it all up but took his sweet as time trying to get it before a judge) In the CO, it states to the effect of: "the Petitioner shall ENJOY EOWE, and then on the weekends he doesnt have sd, that he shall ENJOY visitation wed-fri" now obviously he cant get her wed-fri anyway, and he does plan on having it all modified (tired of waiting before it came to a judge to try to change it again & and lawyer would charge to retype it and bm has been b*tchy lately about H having phone access to sd, and in the CO it explicitly states phone access and other things, so he wanted a CO in place for those things without taking up more time) but in the meantime, could bm take H for contempt of the CO for not following the wed-fri, even though it states enjoy?

Comments

Stpma's picture

Submitted by Stpma on Sat, 01/29/2011 - 6:53am

If you have a court order stating that H gets taxes then I'm sure the IRS will accept that as proof.

caregiver1127's picture

Submitted by caregiver1127 on Sat, 01/29/2011 - 10:04am

I hate to say it but she will never sign the form - she gave her answer when she said she did not remember that being in the Divorcee Decree and was going to take you to court to change it - it really sucks these women get CS - pay not taxes on that money so it really is like getting 25% more income in their lives because they don't pay any taxes on it - while your DH when he sends the CS has already paid taxes on it and then the BM gets to claim the child and gets back a huge hunk of money from what taxes they had to pay because they are single mothers - it will be interesting when our BM loses CS and the right to claim SS on her taxes it will be a huge chunk of money that enables her to keep her grand life style going - almost all of the money that she pays in taxes on her income - she receives back. This really gets me because when I was a single woman I paid over 30% of my money back to the government in taxes and almost every year got nothing or actually had to pay. If I had popped out a kid then I would have gotten all of that back. Sometimes the systems burns my ass - sorry for going o/t just a peeve of mine!!

anabihibik's picture

Submitted by anabihibik on Sat, 01/29/2011 - 1:44pm

If he's pay CS, then he's supporting his child, and therefore, entitled to the tax break as dictated in the court order. In some states, if CS is not current, then the parent forfeits their right to claim the kid(s) on taxes. If the court order says it though, then when the IRS gets around to auditing, it will bite BM in the butt to go against the order.

skylarksms's picture

Submitted by skylarksms on Mon, 01/31/2011 - 11:01am

There are two ways to look at this. The IRS way and the Court's way.

The IRS has a list you can find on their site of what it take for a child to be "qualifying" and able to be listed as a dependent on your tax return. Any deviations from this have to be in a copy of the CO and/or a form 8332 (depending on the year).

The COURTS will see it a different way. If it is in the divorce decree that the father gets EOY, then he needs to file that way. If IRS won't accept that, he needs to file "Contempt of Court" against BM asking also for attorney's fees to be paid since she is the one causing the court action.