Claiming Dependents on a New Order

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Quoting Tryin2

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Not stalking you, I promise... There is no longer any "co-parenting" relationship. I successfully ended that this past month. I get your point, but now you make my point. Ex wants the child exemption but I also want it. I won it in court last month, but the ex is arguing that the first 10 months it was the opposite.

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Which again, is true because the children did not live with you for the first 10 months of the year. So, even if you could claim the exemption this year, it would be as the non-custodial parent...with those limitations in place. Plus, you don't have a signed form 8332 from the other parent, and since you cannot prove that the children lived with you for more than half the year (because they did not) the IRS won't side with you if the other parent also claims them.

Plus, I have seen this exact scenario play out in court, several times. Its also unlikely that the judge would side with you for 2013, again, because the children did not live with you for 10 months of the year...but the judge might very well side with you if you used your old orders for 2013, and claimed just the one child.

No, the children DID live with me. We had joint custody but Everyone knows that the children spent and spend 80% of the time with me. No question what so ever. I'm sorry, we just got the ruling from "joint" changed to sole on my part. That's why the change of tax claiming ability too. Sorry for the confusion. Again, the ex had one child to claim for the last 8 years, until the ruling this last month. Living arrangements have only changed to me now getting 90% of the time. Does that help?

Quote:

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Quoting Tryin2

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Not stalking you, I promise... There is no longer any "co-parenting" relationship. I successfully ended that this past month. I get your point, but now you make my point. Ex wants the child exemption but I also want it. I won it in court last month, but the ex is arguing that the first 10 months it was the opposite.

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(I haven't had a decent stalker in ages - the last one had a habit of posting his entire docket online for all to see!)

And likewise - I'm not stalking you (too busy stalking Number 43), but are you sure "successfully" is right?

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Quoting Tryin2

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No, the children DID live with me. We had joint custody but Everyone knows that the children spent and spend 80% of the time with me. No question what so ever. I'm sorry, we just got the ruling from "joint" changed to sole on my part. That's why the change of tax claiming ability too. Sorry for the confusion. Again, the ex had one child to claim for the last 8 years, until the ruling this last month. Living arrangements have only changed to me now getting 90% of the time. Does that help?

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Yes, that completely changes my opinion. I understood your first post to indicate that your ex had kept the children away from you for 80% of the year. Now I understand that you were talking about tax withholding, not about the ex withholding the child.

However...you still need to be careful there, because when there is a challenge with the IRS, the kind of evidence that you need is hard evidence. School records showing the children live at your address, daycare records showing the children live at your address, medical records showing that the children live at your address...etc. etc.

Its also possible that the judge might feel that it wouldn't go into effect until the 2014 tax year, but much less of a chance of that now that you have clarified things.

Thanks.