Florida parenting plan laws

jacekj

New Member
Jurisdiction
Florida
My ex and I (never married) have a parenting plan that states the father and I will take turns claiming our child on our own income tax returns, he is to claim her on odd years and I on the even years. The father claimed child on a year that I was supposed to. My return got rejected due to the fact that the ss# had already been used. So I had to refile not claiming her, it brought my return down $2,500 which is money her and I could of really used. I asked him why he claimed her when he wasn't supposed to, his response was "opp's it was an accident, and that I could just claim her the following year". (nothing is written or signed stating that though) Im unsure what to do and I could see him doing this same thing to me again next year, he has a way of walking all over me and I usually just brush it off. Could this be filed as a small claims & if so would he owe what I would of gotten if I had claimed her, or would he owe me whatever he got from claiming her? I do have copies of the return that got rejected with me claiming child and the return that was accepted with me not claiming her, which is proof showing that my return went down 2,500. ~We share split custody 50/50 and there is no child support order~
 
If he tries to pull this again next year, do you think the father might mind if you mentioned that you might dispute your filing with the IRS and send them a copy of your formal parenting plan? Can we even assume that there is a written, signed and enforceable parenting plan?

Regarding this modification above, you probably want to have this agreement in writing and signed by both parties. Draft up the agreement and require him to sign. If he doesn't... best to send him notice and an explicit reference to the details of what was agreed. The truth is that there is also the time value of money which you'd lose this way (interest) by him taking a deduction a year early.

The bottom line is that it's up to you what you want to do and whether you wish to challenge his filing or demand that he make a modified filing but you have a good idea as to your options. It's always easier to settle then go to small claims court, which you'd need a formal written demand in advance as I've mentioned above. Best of luck to you.
 
My ex and I (never married) have a parenting plan that states the father and I will take turns claiming our child on our own income tax returns, he is to claim her on odd years and I on the even years. The father claimed child on a year that I was supposed to. My return got rejected due to the fact that the ss# had already been used. So I had to refile not claiming her, it brought my return down $2,500 which is money her and I could of really used. I asked him why he claimed her when he wasn't supposed to, his response was "opp's it was an accident, and that I could just claim her the following year". (nothing is written or signed stating that though) Im unsure what to do and I could see him doing this same thing to me again next year, he has a way of walking all over me and I usually just brush it off. Could this be filed as a small claims & if so would he owe what I would of gotten if I had claimed her, or would he owe me whatever he got from claiming her? I do have copies of the return that got rejected with me claiming child and the return that was accepted with me not claiming her, which is proof showing that my return went down 2,500. ~We share split custody 50/50 and there is no child support order~

Your parenting plan, custody order, and other family court rulings apply ONLY to you and he. If either of you violate the order(s), the only remedy for the aggrieved party is to return to the court from whence the order(s) issued.

You and he would then dance before the family court judge in an attempt to get him or her to rule in your favor. You see, your only legal recourse, insofar as those orders are concerned is in THAT court.

The IRS takes no note, nor has any interest in sorting out who's year it is (according to YOUR plan) to use your child as an additional tax deduction.

However, as the custodial parent, you could make a very good case that you provide more than 75% of the child's support, despite the paltry contribution of her father. Add to that revelation that no child support order exists, I suspect you could make the male look silly.

I suggest you IMMEDIATELY seek a court sanctioned child support order for the protection and benefit of your child. Making sure the slick talking male breeder ponies up the state mandated support will more than offset the greedy bum's treachery in filing first to steal what should have been yours. Plus, when he's behind or just doesn't pay his court ordered fair child support, all you need do is sit back and allow the nationwide child support collection operation get you what is yours for the child!!!!!!



Here you go, the state will get this done for you at no out of pocket cost to you. You can thank the nice taxpayers of Florida:


Florida Dept. of Revenue -


Child Support Program






Florida Dept. of Revenue -


Child Support Program








https://childsupport.state.fl.us/public/IntroductionRD.aspx
 
I'm not sure why you would not have appealed the IRS ruling by way of sharing the parenting plan. I've done similar with an ex and it is not difficult at all. You can't sue him for what you allowed to happen. Expect a judge to ask why you did not do this rather than try to sue for your "refund". I'm not sure where the above poster got that there is no support because this guy is shirking his fatherly duties. With 50/50 custody it is not unusual for there not to be support ordered, particularly if the parties are in similar financial circumstances.
 
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