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claiming on taxes?

bendetti21's picture

ok. my soon to be dh got bm to sign a divoce and custody agreement saying he has custody of there daughter. now in the agrement it states that father is to claim the kid on taxes. this agreement was filed as of sept 2009. so for 2009 taxes can my dh claim the kid? he technically had her 5 1/2 months of the year and i think since the judge signed paperwork stating he claims on taxes, that he can and his ex shouldn't? is this right?

rebelwoman's picture

Yes, I think you are right. I say this because my dh and bm rotated who claimed skids even if they didn't live there. Here is the thing though, you can claim them as exemptions for 2009 and all future years, but if you are getting an earned income credit it is based on how much of the year they were living with you. You may not get to claim them for eic in 2009, but you definately can for the standard tax exemptions. In future years though,if she lives with you mostly, you can have EIC, too.

onehappygirl's picture

I would file your taxes as soon as you can. Even though it says that your DH can claim kids on taxes, if BM files first and claims them on her taxes, it's a huge PITA to get it corrected.

Love me or hate me, I'm still gonna shine!!!

sparky's picture

Definitely file it first and it should not be a problem since the judge signed it. The IRS accepts the first one they receive and the second one has to fight for it.

SFSM's picture

This happened to us one year and maybe it is different in other states but BM filed first although SD did not live with her... she got the taxes alright and when DH went to file they said his BD's SS# had already been used. DH called the IRS reported fraud, he was able to claim her also. The IRS said the person in the wrong would just owe the $ back when they investigated after tax season ended and that is just what happened she had to pay them back.

Stepmom2Ched's picture

In the divorce decree's parenting plan, my DH was awarded his son's exemption every year, since he's paying all the child support. He gets to claim the spousal maintenance he paid $MM$ for the past 2 years, which helped last year tax time. Unfortunately, child support can't be claimed on tax forms, shucks!

~*~A Good Mommy will let the kids lick the beaters. A GREAT Mommy will turn the mixer off first!~*~

Pantera's picture

If its in the agreement, your FH should be the one to file. But DO IT FIRST.

"If I turn into another, Dig me up from under what is covering the better part of me" -Incubus

ely's picture

Yes you need to get Form 8332 and good luck getting the BM to sign it. It would have been nice to have that form with you at the hearing so you could request the BM fill it out in front of the judge. You'll probably have to go back to court to get BM to comply. i do not think the IRS accepts the court documents anymore as proof that you can claim your child(ren). Need 8332 signed allows her to sign over permanently, every other year or other I believe.
and below link for more info

ely's picture

If she doesn't comply and you have a court order stating you get to claim I believe the IRS will assess the BM penalties and fees if you both end up filing and claim the child(ren). IRS will kick both claims out or penalize her if they find you are authorized to claim and not her. Best to get that form signed before filing. Great, I know,just one more thing you have to talk to the ex about. good luck!

SFSM's picture

As I stated above ely is right because this is exactly what happened with us...there was no form that had to be signed though. SD's residence is our home so there was no question about that. The IRS did give both parents their tax return claiming the same child, except, she had to pay it back. The IRS fraud person my DH spoke with said if you are not in the wrong do not worry, it will be handled appropriately. We never heard back from the IRS but BM did!