Hi. I'm new here and am just looking for a general consensus.
I have been divorced for 6 years. My youngest son has moved back and forth between his father and I a couple of times over the years. He was with me for the past 2 years but just returned to his father in Mid August. From a historical perspective I know that his father will take him as a deduction on this years tax return even though I had custody for over half of the year. I was going to try and file super early to beat him to the punch but It doesn't look like that's going to be able to happen. I don't know much about this AMT bill that is going to delay filings but I'm pretty sure that I will be affected.
Here's my question: Should I just wing it and see what happens? If I ask the exes permission I'm sure that he will get hostile and refuse.
What would you do?
Thanks
Kelly

Your divorce decree should state who gets to claim your son each year for filings, be it you everyother year, etc.

You should check there.

There is also a delay in recieving tax refunds in 2008 for filers who are looking to claim the earned income credit.

So if you're trying to beat him to the punch, your tax return may be red flagged when there is a 2 claims for the same child.

IRS delays

Thank you for the replies
There are no stipulations in the divorce decree for who claims the children on returns. The divorce was fairly simple. My oldest son stayed with his dad and the youngest came with me. At that time everything was pretty cut & dry. We both had 1 child to claim, no discussions. It became complex when my youngest started flipping residences. The last time this happened the ex claimed him even though he had less of the year and I just had to let it go. I'm probably going to just bite the bullet and text him to remind him of what's "right". I'll just get a hostile response, which is par for the course and we'll take it from there. I've come to expect being screwed by this man. Only a couple more years and we'll be done with this **** anyway. He has to live with himself, not me, thank God.
Everyone have a great New Year!

if he was with you for a larger percentage of the tax year, you get to claim him as a dependent. Look into the IRS's website on claiming child dependent. It's pretty cut and dry if there isn't a decree stating who will claim the child on returns. It may even give you info on correcting past returns you could have claimed him as a dependent.

Yeah, I wouldn't just let this fly. I would seriously claim your son if he was with you a majority of the year.

If you don't mind me asking, why is it that your son has been flip-flopping?

There are many reasons. Some justifiable and some are not. I've been at fault for not "putting my foot down" and making him stay with me. He has had alot of anger issues with both of us and has struggled trying to find his place. Where his father lives is where my son was raised. I am in Atlanta his father is in upstate NY. Also, his brother is in NY. I think it comes down to a son wanting his fathers love and acceptance. He knows that my love has always and will always be unconditional. Mix in teenage angst and you have flip flopping.

Hi,
I am a certified tax preparer and I can tell you that if there is no court document stating who can claim the child, it is the right of the parent who has the child more than 6 months out of the year(unless you have an agreement between you) If your ex had him less than 6 months and claims him as a dependant (without your consent) or to qualify for the EIC, he is commiting fraud. As a dependant the residency requirements are 'more than 6 months of the tax year'(again unless you sign form 8862 to allow him to claim the child) and for the EIC the child must live with you for the full 12 months of the tax year. If he has already filed, then the burden of proof is unfortunately on you to prove the child lived with you. School records or day care or even a neighbor's statement can be most helpful in proving this to the IRS. Should you prove him to be fraudelent in his claims on his tax return then 'he is in big trouble'

I know the law in Illinois states where the child lays his head is where the custody lies.....This means which ever parent the child spends MORE NIGHTS WITH through out the year, is the parent that is allowed to claim the child on their taxes should there be nothing else stating custody.

About 20 years ago....there was one year both me and my exwife claimed our daughter on separate returns. Without any questions asked of anyone, the IRS automatically changed my return and allowed the ex wife the deduction.
Otherwise yes, it's who has the child more time through the year even if it's only by one day.

Been following this and will ask this.
How can you file a return if you did not work?
"She" has not worked a day since the day she left in May and even said so in court this past Jan. even tho there was a court order to do so.
So how can she claim the children on a return if she never worked.
There are more laws that "She" broke that the state is not going after her for, yet I find myself walking a thin line for fear of the state coming after me for the littlest thing.

2008 will not be boring that is for sure.

Dawg

FDD,

I think that is why some divorce decrees include a part which states who will claim dependents on specific tax years. This is especially true if the NCP is paying alimony while the unemployed mother is completing school for employment. I've even heard some decrees stating who gets the odd years and which parent gets the even years.

Is your divorce final yet? Maybe that is something you want to add to your decree.

Nope not final, "She" is still playing games.
Also "She" wasn't in school, "She" was home schooling the boys, even tho the courts said to stop and get a job.
And yes I'm trying to get it stated who can claim them (Boys) and when and all. "She" is fighting me on this one too.
Only support that was paid by me was in this year (2008), not last (2007).
I didn't even know where she was last year for over two months.
Yes it's a mess here in ILL and I'm ready to end it now and move on.
fun fun fun

Dawg

ps. why you hiding Ms Tess? you got a big wart on your nose?

FDD....not sure what you can do in this situation, but I CAN tell you that if you are the one entitled to claim your children, and she claims them, the system will not allow you to e-file, but if you claim him and mail in your return, the gubment will be forced to investigate the situation. This will more than likely be an audit on both parties unless one party can prove they have the right to claim said children.

As far as what my judge did, was give Jamie the ability to claim Trey on all odd years and me the ability to claim him on all even years. The messed up part, is that he gave me a buy out option. Jamie is required to submit to me 2 tax returns, one claiming Trey, one not, and I see if it is worth it for me to pay her the difference between the two, and if so, I am allowed to claim Trey. It's really interesting and confusing, but we will see how it goes....

I hear you TD
While I'm in ILL and everything with the courts are in ILL, "She" is still in IN. So I'm still looking into what, if anything, I can do.
also I got her E-file number hehehe so "She" is going to have to be nice and play fair if she wants it.

Dawg