Tax Return question

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Re: Tax Return question

Unread postby Karl j » Mon Apr 17, 2017 11:58 pm

dicktracy wrote:Hi Karl. It seems as though considers ex the Custodial Parent and will claim Head of Household.

What I'm trying to figure out now is, with ex filing HOH and myself claiming our child as a dependent, who claims the child care credit and child tax credit. Everything I'm reading seems to point to my ex but if you know more please share. Thank you.


If you claim your child for the dependency exemption, you get the child tax credit. If she claims hoh, she gets the child care credit per treasury regulation 1.152-4(f).
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Re: Tax Return question

Unread postby dicktracy » Tue Apr 18, 2017 5:10 am

You guys are the best. Thanks for your help!
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Re: Tax Return question

Unread postby JimRockford » Tue Apr 18, 2017 7:50 am

BTW, Minuette who probably gave the most succinct and direct answer is a girl and a long time contributor to this forum.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
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Re: Tax Return question

Unread postby dicktracy » Tue Apr 18, 2017 9:05 am

Thank you Minuette
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Re: Tax Return question

Unread postby Trevor » Tue Apr 18, 2017 5:52 pm

Min be rockin' in the free world.
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Re: Tax Return question

Unread postby massdad1234 » Thu Apr 20, 2017 5:31 am

a girl? she is 10 years old? I'm sure she appreciates boys like you giving her props :roll:

JimRockford wrote:BTW, Minuette who probably gave the most succinct and direct answer is a girl and a long time contributor to this forum.
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Re: Tax Return question

Unread postby spritom » Thu Apr 20, 2017 7:42 pm

Our Agreement doesn't state anything about HOH or claiming Childcare costs. It states the Father claims child in even years, Mother in odd years. In 2016 I paid 60% of childcare costs, ex paid 40%.


Apparently my opinion will differ:

Ex entered into a civil legal agreement to:
* Not claim child in even years
* Therefore, the Ex will not engage to claim IRS rule 501 and claim the child on her taxes for TY2016.
* If Ex still wants to put HOH for other dependents or put child support monies on the return in whatever creative ways, that her business, it's not part of the decree, it goes on the list of things you don't give a crap about.
* If Ex deviates from the civil legal agreement, then use escalation steps:
- Send R3 letter
- file motion asking court for Ex to sign form 8332 and monetary damages (yeah, ideally, Form 8332 would be part of the original decree...but none of us knew that at the time)

None of this forces the IRS to do anything, it's just to enforce a civil legal agreement between two private parties.
If the decree said that you both made payments on the house but only one would claim the mortgage interest payments...
* sure, IRS rules says you could both claim payments you made
* but the civil legal agreement to each other is that only one would do it
* if one side breaches the civil legal agreement, then the other can claim foul (not cry foul to the IRS, but to enforce the other to follow the civil legal agreement)

And on or before January 7, 2019 before the IRS opens their electronic servers:
* You file your TY2018 via TurboTax claiming the child even if you have to use estimated numbers from your 12/31/18 paycheck
* TurboTax will automatically submit your return within minutes after the IRS opens the server connection
* If you have to amend your tax return in February/March because your W2 turned out to be different, no big deal
* No discussion with the Ex about what she claims or doesn't claim as she'd have to fight uphill put the child on her taxes
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