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So Even Though Chef Has Been Current with His CS, NYS Denied his NCP EIC!!

thinkthrice's picture

No other explanation. Only two letters from NYS Dept of Taxation and Finance stating:

We denied your claim for the NCP EIC based on information provided by the Office of Temporary and Disability Assistance (OTDA)

Nothing on what the information by the OTDA contains, of course.

He was claiming the NCP EIC on YSS 14.5 and he was "allowed" to claim SD (will be 19 in a few days) on his 2016 taxes.

Both are supposedly "Learning Disabled--Other"
Not sure if the Girhippo is receiving disability pay for both of them, but I wouldn't put it past her since she knows all the buttons to push having worked for CPS and a short stint as a foster mom.

WTF?

Comments

just-a-lurker's picture

There are four components to claiming kids on taxes; Dependent Exemption, Child Tax Credit, Child Care Credit and the EIC. The ONLY credits that a non-custodial parent can claim are the Dependent Exemption and Child Tax Credit. The other two are strictly for the parent with the children more days of the year. They are never suppose to be "swapped" year to year between CP and NCP. That was probably why it was denied.

Dontfeedthetrolls's picture

Might be off topic. How does the Dependent Exemption and Child Tax Credit work?

I thought if you weren't primary than there's no way to claim the children / no benefit?

In our case SO only has the kids every other weekend holidays and the norm. In no way half. I also acknowledge that he's not supporting the children half when it comes to money. Wouldn't that mean there's no way to claim the children or receive any sort of tax benefit from them?

just-a-lurker's picture

The caveat on being able to take either of these deductions would be that the CP has to be ok with it, or the court orders it. For example, any court order that says parents alternate years for the tax deduction is only referring to these two components. The dependent exemption and the child tax credit are not based off of the amount of custody, as long as both parents agree. The NCP could have the kids two days a year, and if the CP agrees to it, could claim them on their taxes for those two deductions. If they do not agree, then CP has the right to them all.

The only things a NCP can never claim are the dependent care credit and the EIC.

twoviewpoints's picture

I believe you are addressing federal and OP is speaking NY state. I wasn't sire on all the abrev. she used so I looked.

Yes, NCP can claim a state EIC in her state. The site rattled about it the conditions to met and as long as the income and CS paid x amount (full ordered amount all year).

I am not familiar with NY state taxes , but it was all right on the site to read.

The only thing I can think of would be perhaps the CS office (state verifies CS payments made when NCP EIC claimed) has a possible mistake in crediting a payment that was actually made.

thinkthrice's picture

yeah this is what I think as well. Fortunately, I work for the county which also has state branches so we're going to fight this $400+ "mistake" to the death.

mommadukes2015's picture

If she's somehow drawing on their "disability" because to SSA guidelines define "disability" not so much as a diagnosis but as "an inability to engage in gainful activity".

Then you cannot claim any dependent tax credit because by agreeing to recieve the SSA monies you waive that right so you're not double dipping. IF she is doing that-its pretty nasty and id take her back to court.

thinkthrice's picture

UPDATE: Found out that the Girhippo's county shows that Chef is in arrears. In fact several caseworkers there have ADMITTED that it is a flaw in their accounting software and will ALWAYS show the NCP in arrears even when they are not. YAY!

I can only imagine this is happening to MANY NCP biodads!!!