divorce decree question

[herexisapain]

I married my wife last year and her ex is your typical deadbeat dad. They have been divorced 8 years and in their decree he is suppose to pay child support, carry their daughter on his insurance, and they have also set it up to where they take turns every other year filing their taxes and having their daughter as a dependant. One, he is $27,000.00 behind on child support...Two, he has never carried their daughter on his insurance and my wife has her daughter enrolled in a state program called ARKids First..Third, he moved to South Carolina almost 2 years ago. This year was suppose to be my wifes year to claim her daughter as a dependant, but he went ahead and claimed her on his taxes anyway. What has REALLY made me irate is that my wife found out last year that she had cancer and didnt work for 75% of the year so she didnt make enough money to claim head of household. (we were filing seperately) When I went to file our taxes, thats when I found out we couldnt have my step daughter as a dependant because he had already done so. I am VERY upset at this because I'm the one supporting the family and I feel that not only has he "robbed" our family, he wants her to keep visiting every summer in South Carolina. I think we have enough BS going on that I think we shouldnt have a problem changing the decree since he has done NOTHING to hold up "his end of the bargain", plus this is actually the second time he has claimed my stepdaughter on his return when it wasnt his turn. Am I wrong in thinking this??? How do we go about changing the decree? Thanks in advance!

 

[irish223]

I married my wife last year and her ex is your typical deadbeat dad. They have been divorced 8 years and in their decree he is suppose to pay child support, carry their daughter on his insurance, and they have also set it up to where they take turns every other year filing their taxes and having their daughter as a dependant. One, he is $27,000.00 behind on child support...Two, he has never carried their daughter on his insurance and my wife has her daughter enrolled in a state program called ARKids First..Third, he moved to South Carolina almost 2 years ago. This year was suppose to be my wifes year to claim her daughter as a dependant, but he went ahead and claimed her on his taxes anyway. What has REALLY made me irate is that my wife found out last year that she had cancer and didnt work for 75% of the year so she didnt make enough money to claim head of household. (we were filing seperately) When I went to file our taxes, thats when I found out we couldnt have my step daughter as a dependant because he had already done so. I am VERY upset at this because I'm the one supporting the family and I feel that not only has he "robbed" our family, he wants her to keep visiting every summer in South Carolina. I think we have enough BS going on that I think we shouldnt have a problem changing the decree since he has done NOTHING to hold up "his end of the bargain", plus this is actually the second time he has claimed my stepdaughter on his return when it wasnt his turn. Am I wrong in thinking this??? How do we go about changing the decree? Thanks in advance!

As far as the IRS is concerned, your wife is the parent who is entitled to claim the child since she is the custodial parent. In order for the father to claim her, he needs to submit form 8332 (Release of Claim to Exemption) with his taxes. The form must also be signed by the mother. Your wife can go ahead and claim the child even though the father has already done so. I believe you should send a paper return in this case. Also, if you've already filed, you should be able to file an amended return.

Has your wife filed for contempt in order to get the father to pay the child support? She can also include the issues of health insurance and tax deductions.

The visitation is a completely separate issue. His visitation will not be terminated or changed because of his arrears.

Good luck.

 

[herexisapain]

Thank you irish223. That was very helpful. One thing though, I have already filed and amended tax return and sent it in the mail. Can I file a second amended return? Today is the 14th so my deadline is tomorrow to file another amended return, if I'm able too.

 

[Duranie]

i wante dto correct what Irish said. Me and my husband just went through this. the CP does not get to claim the child automatically, the IRS will ask for a copy of the decree if mom will not sign the 8332 form. We had to send in his divorce decree which clearly states he gets to claim their child. so that is acceptable too. Mom needs to take dad to court and get tax credit taken away from him. Has mom complained at all to the child support bureau? Too bad there was not a stipulation in the decree that says dad must be current on CS to claim.

 

[Duranie]

Also if he is in arrears, his return should be intercepted and given to mom. Mom should call the CS bureau to make sure his return gets flagged.

 

[irish223]

i wante dto correct what Irish said. Me and my husband just went through this. the CP does not get to claim the child automatically, the IRS will ask for a copy of the decree if mom will not sign the 8332 form. We had to send in his divorce decree which clearly states he gets to claim their child. so that is acceptable too. Mom needs to take dad to court and get tax credit taken away from him. Has mom complained at all to the child support bureau? Too bad there was not a stipulation in the decree that says dad must be current on CS to claim.

I did not say that the CP gets to claim the child automatically; however, if 2 returns are filed with the same child as a dependent, then the IRS investigates. The OP has an order that states each parent may claim child in alternate years. When the returns are filed, OP will have to provide a copy of the order as you stated.

It is a fact that the custodial parent is entitled to the exemption according to IRS rules. The 8332 form is a waiver of the rule. If the father filed without the 8332, then he claimed that the child lived with him for more than half the year. That's a no-no, but I doubt the IRS will pursue it.

OP, I don't know about filing another amended return, but I would go ahead and try. Worst case is that they deny it. BTW, I like your username. Succinct!