Tax Return question

Get financial tips on divorce and asset division including child support laws, property division, and divorce settlements.

Tax Return question

Unread postby dicktracy » Mon Apr 17, 2017 11:22 am

Hello. Ex and I have shared custody of one child in New Jersey. We alternate years claiming our child as a dependent. I claimed the child as a dependent in 2016, as well as filing Head of Household and claiming childcare expenses. Ex states she should have been entitled to file as Head of Household and claim Childcare costs because she believes she is the Custodial Parent. She is asking that I amend my return. Our Agreement reads as follows:

Custody: The parties shall share joint legal custody of their child. The parties, agree, therefore that they will share in the significant decision making concerning, but not limited to, the health, education, religion and general welfare of the child. The parties agree the Mother shall be recognized as the Parent of Primary residence and the Father shall be recognized as the parent of alternate residence.

Is the ex right in stating she is the Custodial Parent? If she is not the custodial parent, would she still be able to claim Head of Household and childcare expenses in the same year she is not claiming the child as a dependent? Thank you.
dicktracy
100+ Posts
 
Posts: 136
Joined: Sun Aug 31, 2014 10:11 am

Re: Tax Return question

Unread postby lovingfatherof2 » Mon Apr 17, 2017 11:32 am

What does your order say about HOH and claiming the kid on taxes?

Me and my ex both claim HOH because we both pay for childcare, our order is silent on this because it don't need addressing.

Our order does say she claims one child each year and I the other child.
the funniest thing about this particular signature is that by the time you realize it doesn't say anything it's to late to stop reading it
lovingfatherof2
2.5K+ Posts
 
Posts: 2518
Joined: Thu Nov 19, 2015 12:50 pm

Re: Tax Return question

Unread postby JimRockford » Mon Apr 17, 2017 11:34 am

Based upon what you have written, I would side with your ex here.
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.
JimRockford
500+ Posts
 
Posts: 946
Joined: Thu Feb 12, 2015 12:48 am

Re: Tax Return question

Unread postby dicktracy » Mon Apr 17, 2017 11:40 am

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%.
dicktracy
100+ Posts
 
Posts: 136
Joined: Sun Aug 31, 2014 10:11 am

Re: Tax Return question

Unread postby dicktracy » Mon Apr 17, 2017 11:41 am

JimRockford wrote:Based upon what you have written, I would side with your ex here.


Side with her in that she is the Custodial Parent?
dicktracy
100+ Posts
 
Posts: 136
Joined: Sun Aug 31, 2014 10:11 am

Re: Tax Return question

Unread postby lovingfatherof2 » Mon Apr 17, 2017 11:42 am

Since you both pay childcare you both claim HOH.

For the child tax credit just follow your court order.
the funniest thing about this particular signature is that by the time you realize it doesn't say anything it's to late to stop reading it
lovingfatherof2
2.5K+ Posts
 
Posts: 2518
Joined: Thu Nov 19, 2015 12:50 pm

Re: Tax Return question

Unread postby Tom Kirkpatrick » Mon Apr 17, 2017 11:51 am

dicktracy wrote:.....Head of Household.....
Dependent tax deduction notwithstanding, for IRS purposes, the parent gets HoH when they have 183 days of overnight parenting time during the year in question.

dicktracy wrote:.....Mother shall be recognized as the Parent of Primary residence.....
This gives NJ certain benefits, like final decision maker (unless your decree specifies otherwise). But by no means does this give her license to make the wholesale claim of being "Custodial Parent."

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7682
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Re: Tax Return question

Unread postby JimRockford » Mon Apr 17, 2017 11:55 am

According to the IRS two people cannot claim HOH for the same child during the same year.
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.
JimRockford
500+ Posts
 
Posts: 946
Joined: Thu Feb 12, 2015 12:48 am

Re: Tax Return question

Unread postby lovingfatherof2 » Mon Apr 17, 2017 11:57 am

Me and my ex both have been claiming HOH even when I only had 131 overnights. I don't think HOH has anything to do with overnights.
the funniest thing about this particular signature is that by the time you realize it doesn't say anything it's to late to stop reading it
lovingfatherof2
2.5K+ Posts
 
Posts: 2518
Joined: Thu Nov 19, 2015 12:50 pm

Re: Tax Return question

Unread postby Tom Kirkpatrick » Mon Apr 17, 2017 12:06 pm

Did NJ sign IRS Form 8332??

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7682
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Next

Return to Finances & Divorce Forum

Who is online

Users browsing this forum: Moz Roger [Crawler] and 2 guests