chid taxes claiming help....

[barrettshannon]

Hi I need to know if the father has the rite to claim our son if he still has arrears??

 

[Duranie]

If the court order tells him too, probably.

 

[crystallblue]

I was told by my tax person that the IRS does not care what the courts say and that the courts are not going to argue with the IRS. I was told by the IRS and my tax person that the parent that has more DAYS with the child is the one that claims him/her.

 

[Duranie]

"I was told by my tax person that the IRS does not care what the courts say and that the courts are not going to argue with the IRS. I was told by the IRS and my tax person that the parent that has more DAYS with the child is the one that claims him/her."

WRONG. That is totally wrong and your tax person is not correct. The custodial parent gets to claim the child UNLESS a court order gives the non custodial parent the tax credit. The IRS is going to ask for proof if both claim the child. They will ask the non custodial parent to fax in a court order giving them the deduction.

Just because the CP may have the child more (which is not always the case) it does not mean they support the child more. If a court gave the NCP the deduction then the court obviously thinks that parent does their part in supporting the child.

 

[irish223]

I was told by my tax person that the IRS does not care what the courts say and that the courts are not going to argue with the IRS. I was told by the IRS and my tax person that the parent that has more DAYS with the child is the one that claims him/her.

Actually, this is not altogether wrong. The IRS rules do give the exemption to the parent who has more overnights. If there is a court order giving the exemption to the NCP, then the NCP must file form 8332, Release of Claim to Exemption, signed by the CP. Rarely will the IRS rule in favor of the NCP based only on the court order.

So, if you are the CP, you don't have to sign the 8332; however, if your court order gives the exemption to NCP and you DON'T sign it, you are in contempt. If the NCP takes this back to court, you will probably be found in contempt, and you may also have to pay NCP's attorney's fees.

All in all, you should follow the court order. If you don't, it may end up costing you lots more money than you would receive in a refund. If you feel the original order is unfair, then you can request a modification.