Saturday, June 19, 2010

Does this child support/tax situation make sense to you?

I don%26#039;t get this. Maybe someone can shed some light of the subject and let me know if there%26#039;s something I%26#039;m missing and not seeing...



Over the course of a year, I will have paid about $9,000 in child support. That%26#039;s roughly 30% of my pay...give or take. I am still in my daughters life and have never been any type of %26#039;dead beat%26#039;.



From what I understand, child support is not a deduction on your taxes and my ex doesn%26#039;t have to claim it as income.



What doesn%26#039;t make sense to me is that my now ex will be getting back about $3,000 in taxes because she%26#039;s claiming my daughter.



I will owe $1,500 because I will be filing single with no dependants.



So if the child support amount I pay is taking care of large portion of my daughters needs, how is it that only my ex gets all the monatary tax credit just for having physical custody of her? I am paying my share of costs. So why don%26#039;t I get any credit?



Let me know if there is something I am overlooking.



Does this child support/tax situation make sense to you?

If your daughter lives with her,then she is the one who would be claiming her.My ex and I put it into our divorce paperwork that we would take turns claiming her every other year. If youdidnt do that,you arent totally screwed. If you and her can agree to let you take the credit,every other year,or whatever you agree to,you can do so.



See below taken directly from the IRS site



http://www.irs.gov/faqs/faq-kw46.html



.3 Filing Requirements/Status/Dependents/Exemption... Dependents %26amp; Exemptions



How do you claim a child if you agree with your ex-spouse to claim him 6 months and he claims him the other 6 months of the year?



The dependency exemption can not be split. Generally, the child is treated as the qualifying child or qualifying relative of the custodial parent. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the child may be treated as the qualifying child or qualifying relative of the noncustodial parent if certain conditions are met.



The custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.



Refer to Publication 501, Exemptions, Standard Deduction, and Filing Information or Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.



References:



Publication 501, Exemptions, Standard Deduction



Publication 504, Divorced or Separated Individuals



Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents



Tax Topic 354, Dependents



Does this child support/tax situation make sense to you?

unfortunately, you are correct. :-(.



you got hosed.



Does this child support/tax situation make sense to you?

If you had a good lawyer, you would have in the divorce agreement that in exchange for adequate support, you would claim the child as dependent. Since that was not done, you are stuck with the payments and not being able to claim the child. If your were on good terms with your ex, she could fill out form 8332 and allow you to claim the child instead of her; worth a shot.



Does this child support/tax situation make sense to you?

If you think you provided more than half her support--and be conservative in your estimates--claim her as an exemption then duke it out when IRS contacts you about it.



Does this child support/tax situation make sense to you?

you may be %26quot;in her life%26quot; be you are not raising her full time. If you ever got %26quot;shared or joint%26quot; custody, then you could claim her one year and your ex could claim her the next. Or that%26#039;s how it works in Florida... I am not trying to be rude but I want you to see from another point of view...when your daughter is sick,who has to call-in sick every time during the year,take off work,take her to the Dr., etc..I could go on but I think I%26#039;ve made my point,at least I hope I have and I hope I haven%26#039;t hurt anyones feelings.

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