Discussion:Non-custodial parent files first, claiming child
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| Revision as of 19:47, 17 June 2009 Barbie (Talk | contribs) (In both of my cl) ← Previous diff |
Revision as of 07:56, 18 June 2009 Taxea (Talk | contribs) (The IRS now requ) Next diff → |
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| {{ForumReplyPost|UserID=Barbie|Date=17 June 2009|Text=In both of my clients cases, they have been granted legal custody, the exemption and have over 50% custody. No Forms 8332 have ever been given. The non-custodial parents just keep pushing the envelope and the custodial parents have to jump through the IRS hoops to get the exemption. (They have more substance to their tax returns and have to wait for more information than the non-custodial parent who files as soon as they get one W-2.)}} | {{ForumReplyPost|UserID=Barbie|Date=17 June 2009|Text=In both of my clients cases, they have been granted legal custody, the exemption and have over 50% custody. No Forms 8332 have ever been given. The non-custodial parents just keep pushing the envelope and the custodial parents have to jump through the IRS hoops to get the exemption. (They have more substance to their tax returns and have to wait for more information than the non-custodial parent who files as soon as they get one W-2.)}} | ||
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| + | {{ForumReplyPost|UserID=Taxea|Date=18 June 2009|Text=The IRS now requires 8332 from the custodial parent for the non ccustodial parent to take the dependent. If the custodial parent does not sign over the child the IRS will go after the non custodial parent once the custodial parent's return is filed.}} | ||
Revision as of 07:56, 18 June 2009
Discussion Forum Index --> Basic Tax Questions --> Non-custodial parent files first, claiming child
Discussion Forum Index --> Tax Questions --> Non-custodial parent files first, claiming child
| 15 June 2009 | |
| New clients last year had to go on extension this year. Dad has full legal and physical custody of child from previous marriage. Finished returns and e-filed last week. Federal return was rejected because child was claimed by biological mom who filed first, so they now have to file a paper return. Clients are upset because apparently this is the 3rd time in 5 years this has happened and he is tired of having to provide the proof that he is entitled to claim the dependency.
I am printing out return for them to mail in but they want to know if there is someone at IRS they can call who will push a button, so to speak, that will allow their return to be e-filed instead of paper filed. (They are due large refunds.) I don't think so, but I'm hopeful that if there is, someone here will be able to help. | |
| 15 June 2009 | |
| If someone else was there first you have file on paper and IRS will sort it out. Next year be out of the gate first. | |
| 15 June 2009 | |
| No unforuanately you are going to have file a paper return for 2008. They cannot push a button but must once again start the painstaking process of playing arbitrator and flush out all the facts.
However starting in 2009 IRS, as a result of recent regulations, has changed the documentation procedure for the non-custodial parents because of abuses such as yours. Starting in 2009 in order for a non custodoal parent to claim their child a form 8332 "Release of exemption to non custodial parent" must be attached to tax return with your signatire. Since your client presumably won't be authorizing such a thing let's hope he /she won't be going through the hassle anymore. | |
| 15 June 2009 | |
| That's fine and dandy to require the form, but the non-custodial can still file first and thus force the custodial to show proof of custody. | |
| 15 June 2009 | |
| I've also been through this with another client for many years. Her ex never stops trying. She had to send in all sorts of "proof" that not only did her son live with her but also that she actually owned her home, paid the mortgage, utilities, etc. It was quite a chore. Last year she had her son, now a 1st year college student, sign a notarized statement that he lives with and is supported by her. Sure enough, her e-file was rejected so she sent in paper return with notarized statement attached. So far no problem. Thanks for the responses everyone. | |
| 15 June 2009 | |
| Perhaps your solution to the problem is not with the IRS, but with the Family Court that issued the divorce decree - especially if the spouse is not following it. | |
| 15 June 2009 | |
| Have you tried working with Family Court? Now, if it's the guy messing with the woman, you'd be good. But if it's the other way around, not a chance. Better off dealing with the IRS. | |
Bat Tax Man (talk|edits) said: | 15 June 2009 |
| I did have a situation once where we filed to hold the noncompliant spouse in contempt of court for
ignoring the decree. It did get the person's attention, though it took time and money. | |
| 16 June 2009 | |
| I've had this occur twice. One did finally file an amended & pay back the refund -she had absolutely zero basis for claiming the child. For the other it was necessary to make a copy of the pertinent pages of the divorce decree and attach them to the return with the explanation. This situation is dealt with in the instructions and very useful when the divorced spouses are 'hostile'. | |
| 17 June 2009 | |
| No way to get it efiled but I would strongly suggest to your client that he talk with the IRS fraud unit if this has happened more than once. | |
| 17 June 2009 | |
| Thanks for that suggestion. I will pass it on. They picked up their paper return to file today. I may also suggest it to my other client with this problem. Her ex just enjoys doing whatever he can to aggravate her. | |
Death&Taxes (talk|edits) said: | 17 June 2009 |
| The divorce decree means diddly today unless it spells out who is the custodial parent; custody and Form 8332 are the keys. A decree stating that the exemption belongs to X can be disregarded if the child lives elsewhere. | |
| 17 June 2009 | |
| In both of my clients cases, they have been granted legal custody, the exemption and have over 50% custody. No Forms 8332 have ever been given. The non-custodial parents just keep pushing the envelope and the custodial parents have to jump through the IRS hoops to get the exemption. (They have more substance to their tax returns and have to wait for more information than the non-custodial parent who files as soon as they get one W-2.) | |
| 18 June 2009 | |
| The IRS now requires 8332 from the custodial parent for the non ccustodial parent to take the dependent. If the custodial parent does not sign over the child the IRS will go after the non custodial parent once the custodial parent's return is filed. | |
