Child Support and Taxes

He's pulling the wool over her eyes. IF he files and gets any refund at all the mom will get it all up to the point his bill is paid. If his income is less they'll do a percentage.

IF she does this she is handing him all that child support and he gets to keep the money he owes her, it becomes his spending money.

If she does this he is going to never pay her another penny because he can say she did it before and he will do it again. He will in fact never pay her a penny. He wants her to think she's helping herself when in fact this benefits no one but him.

I think he wants to get a tax refund, which the state will take to pay back child support. That is his plan for getting out of arrears. Why would she give the money coming to her to him? He could get a second job to pay what he owes. I think she is being manipulated by him for his own gain. I would not do it and I'd advise my friend not to also.

No that does not get him out of anything or "clear the slate". That 100 percent screws HER over and it's fraud since 1. he doesn't pay a damn thing and 2. the kid lives with her and they don't have anything written up in the agreement about taxes. He is basically saying that he knows he does not pay but yet he should get even more. No...just no. Tell your friend to smarten up and tell her ex no and if he has a problem with her saying no he can take it up with the courts.

I would think your friend would need the tax deduction since her ex is not even paying child support. The money she gets back can be used for the kids care since the dad is paying nothing.
Regardless, having custody has nothing to do with taxes.

I don't understand this question.
It would be fraudulent for him to claim the child.
If he is arguing that he would pay her the back child support out of a refund he'd get if he claims the child, she is still the loser financially.
If he is sufficiently behind, the state will garnish his tax return automatically and send her a single big check for the arrears.

He isn't eligible to claim the child on his taxes because the kid hasn't lived with him for over half the year and he doesn't provide the bulk of support for the kid. She needs to claim the child, taking what she she is due for the dependent. (It will lower her taxable income by a $3,900 personal exemption, then there is the Child Tax Credit of up to $1000. If there are any dependent care deductions, she will have that too.)

She should also have the court take his tax refund, if any, and apply it to back child support.

It won't 'clear his slate'. Court ordered child support has nothing to do with taxes.
But paying neither can make your paycheck lighter.

Who claims the child as a deduction has no bearing on who has physical custody, if someone's paying support as ordered. Usually the decision is made based on what's best for everyone, and sometimes it's part of the court decision by the judge (based on demands or recommendations from the two sides).

If her ex is in the hole for support, claiming the child as a dependent on his tax return doesn't erase his obligation. It does not say "The child lives with dad so dad no longer has to pay mom." It MIGHT give him a little more money in his pocket but there has to be a guarantee that SHE gets that money! If she gets more in her pocket from child support (particularly if his wages are garnished), it could mean more for her than the deduction means on her tax return. In which case it's to her benefit.

But I have no idea why anyone thinks that the father taking the child as a deduction will "clear his slate with child support" - it doesn't mean he won't owe for back support, and it doesn't mean he won't have to pay going forward. Without knowing more, I'd say that she shouldn't give him anything unless she's got a guarantee of it coming back to her as a benefit. If he's ducking support now, I don't see how this will change. But she should consult her own tax prep accountant or her divorce attorney for the best advice in her particular situation.

In the state of Virginia, if a non custodial parent is in arrears for child support, their tax refund will be held in an account for six months then be released to the custodial parent. One of the girls at work goes through this every year. Her ex is in arrears and she gets most if not all of his tax return every year for back child support. Know that this money is typically (in her case) released about October. This gives the ex's new wife time to dispute it if she so desires.

If your friend allows him to claim the child, he should get more back on his taxes and therefore she SHOULD receive more of the back child support.
As for letting him claim the child on his taxes, I would not allow it unless they have agreed to it prior to. For example some people say mom can claim child in even years, dad in odd years.

This is just my co-workers experience; I am not a lawyer nor have I gone through it. Just my observation from her experience.

There are provisions in the tax law and in custodial decrees that allow for the non custodial parent to claim the child on their tax return. Since the two of you don't have this agreement already in place per the courts, it wouldn't be in your best interest to permit him to claim the child on his return.

IRS Publication 501 would explain to you some of this matter to you.

If the court is not involved in obtaining your overdue child support I would NOT permit him to claim my child.

FYI - Understand that if he files his tax return with her on there, the IRS will hold your refund until you prove you can claim your child on your return. It will delay your refund at least 8 weeks minimum from when you send them your proof that she lived with you and you have legal custody or can put her on your return per the courts if applicable.

This is a real pain in the butt. Whatever you decide, be at peace with it.

My son went through this over the past couple of years. His ex filed first and claimed their daughter on her taxes, then my son claimed her in his.
The IRS has withheld his refund for several years. The IRS told my son it doesn't matter what the family court declared to legally use a child as a deduction is determined by where the child sleeps the most. If he is not paying child support or having the child stay overnights he can't take the deduction.

Instead of playing nice what she should be doing is going back to court and requesting his tax refund both federal and state be sent to her in leiu of child support. Once she is re-paid all the back child support then have his wages garnished to insure payment each month.

She needs to talk to her accountant about the tax consequences of doing this! My CPA actually recommended that I let my soon-to-be ex-husband claim the child deductions on his tax returns, because ultimately it will put more money in our collective pockets. His take-home pay will be higher, which will make my child support payments higher. This assumes that my husband's income will always be higher than mine. I will have full physical custody of the kids, and he will have visitation. HOWEVER, if your friend's ex-husband isn't fulfilling his child support obligations, then this would be bad for her.

The decision to choose who gets to claim the tax deduction has no bearing on custody. Custody/visitation and child support/alimony have no bearing on each other. But she will want to talk to her divorce attorney for the laws in her state. Best of luck to your friend!

Why don't you suggest your friend to consult an attorney. I'm sure they would help her get over with this issue. My friend handed over her post divorce case to the attorney at Seigman, Starritt-Burnett & Sinkfield, PLLC and it got solved with in no time.

I had a court order that stated we were to share taxes every other year. When the second year came up he said he was claiming her. The IRS said to that...he must support her over 50% for the year to claim her.

She should contact her local IRS before caving to his ridiculous request.

She should claim it, period. He needs to get a second job or something to care for his children. That's his responsibility, not hers.

K. B
mom to 5 including triplets

Hi, MNW:

Seek help from Child Support enforcement.

Seek help from Co-Dependents Anonymous support
group.

Good luck.
D.