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claiming skid on taxes first yr after awarded custody

onwardupward's picture
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Bm has never let dh claim sd on taxes. She's also never offered to split or alternate yrs. Dh was appointed as primary custodian through the court this year which was appealed and settled between he and bm to where bm maintains only secondary physical custody when she has sd.

Sd lived w us full time this yr and since in the court papers dh is still listed as primary physical custodian, he plans on claiming SD this yr for the first time. Bm will not sign the 8332 form and plans on claiming sd regardless. Can we just file first and let BM deal w the headache of trying to file after us and being denied? Do we send a copy of the custody order in with our tax stuff? We use h&r block.

Rags's picture

Yes, yes you can. Make sure to submit a copy of the CO when you mail your taxes. Once you get the credit and any refund then BM is SOL unless she can prove that she rather than you have possession of the Skid more than half the year.

I would suggest that you find an actual CPA to do your taxes. You will very likely find them much less expensive and far more professional and capable than H&R Block.

All in my opinion of course.

Rags's picture

Yes, yes you can. Make sure to submit a copy of the CO when you mail your taxes. Once you get the credit and any refund then BM is SOL unless she can prove that she rather than you have possession of the Skid more than half the year.

I would suggest that you find an actual CPA to do your taxes. You will very likely find them much less expensive and far more professional and capable than H&R Block.

Just make sure you file first.

All in my opinion of course.

rosie33's picture

I was always told that if both parents file for the same child, the refund automatically goes to the parent with the higher AGI. If the other parent wants to contest it, they have to go through the court and then those papers are sent to the IRS to get it fixed - IF there are court papers stating the other parent should have claimed the child. Otherwise, it's who's AGI is higher.

Our BM was unemployed this entire year so she won't be getting much of anything for a return, I told DH he should just file for the child because I can bet BM will have her BF claim the child. Let her take us to court and explain why she has her BF filing tax return for a child thats not his.

onwardupward's picture

Ok, great. BM and I work at the same place (ha!) so I'll know when she'll have her w2 compared to DH. God willing he'll get his first and we'll go the same damned day. Especially since BM keeps bringing sd7 to court for them to modify child support so the judge keeps postponing the hearing. Dh pays for day care, MIL is always around and you know damn well I'd watch sd for THAT day, haha. Nope. BM would rather drag sd into it to keep her money as long as possible. Oh to be a fly on the wall...