I have primary custody and unfortunatly part of the court agreement made by the mediator was to allow my ex to claim one of our sons on her 2012 tax return. We came to a verbal agreement that I would claim him so that I could get my child care credit back since I spent over two thousand dollars in child care this past year. She only has him roughly every other weekend and doesnt work or finacially contribute at all. The verbal agreement was that I would give her $500 since she stated she would only get back around a thousand dollars if she claimed him she said to put half toward his nursery school. Now that I have filed and recieved my refund she is claiming she would have gotten two thousand dollars and says if i dont pay her 1500 that she will file her taxes and claim him causing the IRS to audit me and claim I went against the agreement and claimed my son. I refuse to give her that much money to blow on cigeretts ect. We have this verbal agreement and I have text messages claiming the thousand dollars she originally said she would get as a refund. I have also looked up alot about non custodial parents and claiming a depend and seems like she wouldnt get back alot of money anyways expecially since she maybe made a thousand dollars total last year due to never working. For all I know she had the least amount taken out for taxes and actually will end up owing money. I dont want to get audited or be forced to pay her money. What are my options here? I am filing for a review of our court agreement to try to get full custody and definatly make it so she cant claim ethier child since she doesnt financially contribute. Any advice please?!
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
non custodial parent claiming child
- Thread Starter tifsmit27
- Start date
- Status
Proserpina
Moderator
If the court says she got to claim him for 2012, then that's it.
The court order is everything - verbal and text messages mean squat to the IRS.
The court order is everything - verbal and text messages mean squat to the IRS.
Proserpina
Moderator
If it has the judge's signature on it, absolutely.
mightymoose
Moderator
File your taxes according to IRS rules.
If the IRS audits you they won't care about your court order.
If your ex has the will and the means to get you back into court and make a fuss about the filing then you can deal with it then.
You don't have to give her a penny unless the court orders you to.
It seems to me that an order of this kind is requiring one or both of you to falsify your tax return. I'm not sure her argument would go far.
If the IRS audits you they won't care about your court order.
If your ex has the will and the means to get you back into court and make a fuss about the filing then you can deal with it then.
You don't have to give her a penny unless the court orders you to.
It seems to me that an order of this kind is requiring one or both of you to falsify your tax return. I'm not sure her argument would go far.
Proserpina
Moderator
It would go far because while initially the IRS doesn't care about court orders, if one exists (and it's extremely common for each parent to be able to claim one child, regardless of custody) it WILL matter eventually.
I would not advise a poster to go against a court order of this nature.
I would not advise a poster to go against a court order of this nature.
mightymoose
Moderator
A court order to file a false tax return certainly has some problems that need to be worked out.
An amendment can always be filed at a later time if necessary.
The best option is to abide by the IRS regulations while the issue with the order gets hashed out.
An amendment can always be filed at a later time if necessary.
The best option is to abide by the IRS regulations while the issue with the order gets hashed out.
- Status
Share this page
