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  1. #1
    Join Date
    Mar 2011
    Posts
    4

    Default Interpreting Which Parent is Granted Deduction for Dependent Children

    I need to determine if my ex went against a judge's order by claiming both our kids.

    I went to file my taxes and both of the kids ssn's had already been used.

    The judges order specifically says i get 2009 and 2010 unless the ex earns a certain amount of money. After these years we are to share them, each one kid.

    The only money the ex got all year was from maintenance
    (from me), child support (from me), and some money we both received from a injury settlement (my injury).

    My question is this what the judge meant by earning? Also i'm sure the judge meant that if she did "earn" the needed amount (it equaled the amount of child support i paid for the year) that she could claim one of the two kids.

    I am unable to even claim head of household because of this costing me a few thousand dollars total. I will end up owing the irs if i am not able to claim my kids. damage is done with the irs and i will be filing an amended return. I currently have an extension.

    Do i need to file a contempt motion? I plan on it. What if the ex paid taxes on all the money i gave her through the year (i think the ex did) and the judge says "the ex earned it". doubtful as i think the judges intention was to spur the ex into getting a job and helping financially with the kids..

    I think earnings meant working.
    Does earning mean working?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Interpreting Which Parent is Granted Deduction for Dependent Children

    Generally ta reference to 'earnings' would mean money earned through some form of employment. But I can't read the order from where I'm sitting, so I cannot tell you what the specific order means by 'earns'.

    As far as the IRS is concerned, you either qualify to claim a dependent child or you do not. If a parent executes the form that assigns the claim to the other parent for a given tax year, the IRS will go along with that. Otherwise they apply their own standard. If a parent violates the custody court's order but they are legally entitled to claim the dependents under IRS rules, the remedy is to make a claim for the money in the custody court.

  3. #3
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Interpreting Which Parent is Granted Deduction for Dependent Children

    Thank you, i'm going to file the contempt motion rather then a motion for clarification. I shall make a claim for the money in court. I hope the ex is held in contempt and jailed so maybe criminal action such as this ends.

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