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Tax Question

Stepping_off_the_ledge's picture

In SO's child support agreement is a clause that he must split the child tax credit with BM.
However BM has never filed taxes because she has NEVER had a job since the divorce and lives off child support and now child support plus a new husband.

Anyway this has never come up until now due to other custody issues.

My thought is that there is no way for SO to 'split' tax credit with BM if she doesn't file taxes. To me splitting the credit would be they each claim a child or claim every other year. There is no way he can 'split' his tax return that would be ludicrous however that is what BM and her lawyer are eluding to.

Anyone else dealt with this type of situation?


Maxwell09's picture

There is a way he can split it. DH was told that he only qualified for 3 of the tax credits for SS and that BM qualified for the other three. However, DH doesn't share anything with BM because she doesn't pay for anything and we have him 80% of the time.

hereiam's picture

While he cannot "split" the tax credit on his return, he can split the money from the credit (as stated above).

However, if BM doesn't even file a tax return, I'm not sure why she thinks she's entitled to a tax credit.

If the CO says "split child tax CREDIT" (not MONEY from the credit), I would take that to mean a child each or every other year. To get the credit, one has to file a return and she doesn't.