Hello everyone, It's my first time leave a message on here, but I was wondering if anyone has ever had to deal with the tax exemption process for non-paying fathers? My Kids father has fallen behind on child support and it is supposed to be his year to claim the kids on his taxes. Or court papers state that he only gets to claim them as dependents provided he pays all his support. he is behind about $750 right now... does anyone know if i can just automatically claim them if he doesn't pay? or if i have to take it back to court? or how much he has to be behind to claim them? He said he's going to have his grandpa give him the money becasue all the money that i was supposed to get he spent on himself... it's nice that even when we aren't together he's still finding ways to screw me!!! Anyone else having these problems? and what are you doing about it? I'm stressed out and Going crazy.
added... he was paying support out of his check for our first child, but hwen we went back to court for the second child they merged the two cases together, in short they took my first child off his check and never put both of them back on... gotta love the legal system.
I spoke to the court house, child support, and the irs.. and they all said he is not allowd to cliam her because he was behind... excellent for me...
HI! This is my first posting also! I know exactly what your going through, my ex still finds ways to screw me also, it's amazing all the ways he finds! Anyway, you problem is a simple one, if he's not all payed up in child support by tax time, you get to claim the kids! (If there are any problems, which there shouldn't be, you'll find out how to fix them right after you file. Without penilty.)
I have no idea about that taxes. But I am curious to know why your child support is not taken out of his check. My support for my son is taken out of my ex's paycheck before he every sees it. That way, short of not working, there is NO WAY he can not pay me. Of course if he just chooses not to work then there is nothing I can do. But he has a wife, 2 other children, and a mortage. I don't see him quiting his job just to stick it to me any time soon. I also recieved his tax return one year because he was not working and fell behind in his child support payments. I wish I had some answers for you. I am sorry I don't. But I wish you luck.
Ok first of all call HR block or someone who is a professional and ask them, so you know 100% what you are able to do.
I was a single mom and I was told that the parent that has the children living with them more than 50% of the year or has provided the most finical support is able to claim the children. There might be complications if there is a court order where every other year you switch at tax season, on who can claim the kids.
ALSO, you can get his tax returns for back child support, so look into that as well, if you have a social worker I would contact them and tell them you want that option....
Nail him to the wall and good luck!
You can claim your children for 2006 on your taxes as long as he is still behind as of 12/31/06. You have court papers that state this so should the IRS or WI Dept of Revenue come back to you, you have the proof.
Make sure you file your taxes as quickly as possible to eliminate the situation that the other woman discussed. Or file your taxes through the mail (paper, the old fashioned way) and included a copy of your divorce decree & print out from Child Support website that shows on 12/31/06 he was behind by $XX.
Feel free to message me if you would like more information or assistance. I'm a tax accountant (not a CPA), and I have friends who are CPAs who will answer questions for me/you.
Good luck!
Do you have a childsupport worker? If so call them! The state is screwing me over on childsupport and helping my ex. So your not the only one. My ex is suppose to pay 25% of his gross income for my daughter, he had several raises so right now he's only paying like 18% and they won't raise my support because it's not sufficient enough of a raise but it would be another 100 dollars a month which would help my daughter and I alot. The state irks me sometimes you would think they would want my daughter and I to get the full amount. They seem to have this attitude if your ex pays any childsupport at all be lucky and shut up. If he's not to far behind your lucky shut up and be happy. I hate it it's not fair. Just make some phone calls and be tough and demanding that he is behind and has put you in a financial hardship.
I have had this problem in the past as well. Take your court papers with you when you have your taxes prepared. If he is behind at all when you file your taxes you have the right to claim your child(ren). If he files taxes this year they will take whatever he owes in past due support before he sees it. The only way I've ever gotten anything accomplished with the child support office is to call and continue calling until someone actually does something. After calling 3-4 times per week about my X's past due support they finally issues another income withholding order to his employer for $X per week + his weekly payment. After two years of being past due he has finally paid up and this year will be able to claim our son. Good luck to you! You should be able to contact the child support office for answers and if they don't/can't help you I'd consult a lawyer or someone of that sort.
I am in my 2nd yr of doing taxes and know only enough to know of the claimings. If your court papers say that he can claim them for the upcoming tax season, he does have the right to claim them. If he files before you and claim the children using efile and you file after him claiming the children also there will be a delay in your taxes. One of you will need to provide the IRS with documentation of the children (living, school, and various other expenses, but he will have the papers showing that this would be the year to claim the children.
This inturn will reject you from using the efile until you requalify (can take upto 3yrs) with the IRS. You can see if he will sign a waiver for you to claim the children for this year, but this will have to be mailed in and efile cant be used (ask your tax preparer before you file, he should give you a form that your ex will need to fill out) and make sure that he (your ex) agrees with this also.
Your best bet (and I am sorry, this may cost you money) is to take him back to court and prove that he doesnt pay on a monthly basis, so he shouldnt have the option just to claim them. On a yearly basis you will have the right to decide who gets to claim.
Hope this helps.
