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Parenting Plan Tax Dilemma: IRS Regulations vs. Court Orders

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Location: Ohio  |  Law type: Family law attorneys Commented 1x
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To summarize the series of unfortunate events, I have been in contempt of court for claiming both of my children on my tax return last year. (After informing their father several times.) I am the custodial parent. I have our kids the majority of the time, but he does pay child support. Our parenting plan was written up when I was in college and wasn't able to afford representation, so it was decided we both claim one child each. Fast forward and I graduated and got a big girl job.. Just before covid, I finally had saved up enough to return to court and have a few things settled since he viewed our parenting plan as optional, and I was left finding childcare on his weekends that I was working (among other issues.) Well, covid had other plans and I work in the medical field. Exhaustion and compensating for remote schooling were the new norm while he went about his life and nothing changed. Then as tax season rolls around, he takes me to court for violating the shared parenting order. Which resulted in tax/ stimulus money essentially that he wanted for himself. 

I hired an attorney that ultimately led me to no choice but to fire her 2 days before our court hearing. (For various reasons). I ended up representing myself and needless to say, I could barely get in a sentence of my defense to our magistrate before being shut down, so I eventually agreed to an amount to repay just to call it a day.  This entire situation has affected my life substantially. I know it seems so petty and minute, but it truly has been everything but.  This all has been a huge contributing factor to significant financial hardships this year and I haven't been able to repay what they all anticipated by the purge hearing, so I have been given an extension of 4 months and threatened with jail time if not paid in full by then. 

Over the past few months, I decided to do more research and I stumbled upon some info regarding the IRS and their qualifications of whom may claim the dependents. From my understanding they go by which parent has the child(ren) the most over the course of the year unless the custodial parent signs off form 8332 and the non-custodial parent attaches that to each year of their tax returns. I have never signed this form. Since the IRS is federal law, it supersedes county/state (?)  With all that being said, I am wondering if I still have a fighting chance? Or should I just take the loss? 

I began a new job at the end of October and for the first time, I am recently able to afford an attorney that preferably has expertise in family law and taxation if there is believed something in my favor can be made out of this. Technically there has been a decision made, so I believe an objection would need filed if it isn't already too late. 

Thank you in advance for any responses!



SOLVED: Parenting Plan vs IRS

When deciding between a parenting plan and an IRS dependency exemption, it is important to understand the differences between the two. A parenting plan defines each parent’s rights and responsibilities in raising their children; including legal custody, physical custody, visitation, decision-making authority, health care decisions, education choices, religious upbringing, and financial support. It also outlines how disputes will be resolved and how parental contact should take place when parents do not live together.


The Internal Revenue Service (IRS) dependency exemption determines which parent will claim a child as a dependent on their tax return. This is important because it allows the parent claiming the exemption to deduct that child’s income from their own taxable income. The parent claiming the exemption is also entitled to additional tax credits such as the Child Tax Credit and Earned Income Tax Credit.


It’s important to remember that a parenting plan does not impact an IRS dependency exemption, and vice versa. They are two separate issues that must be decided independently of each other. Parents should consult with a qualified attorney or tax professional to ensure they understand their rights and responsibilities under both the parenting plan and IRS regulations.

Who Claims the Child With 50/50 Parenting Time?

When parents have equal parenting time and both claim the child as a dependent, the IRS ties the exemption to the parent with the higher adjusted gross income. This is known as the Tiebreaker Rule. Therefore, even if one parent has more parenting time than the other, they may not be able to claim their child’s dependency exemption if they do not make more money than their ex-spouse or partner.

Parents can also agree to alternate claiming the child

in order to benefit from multiple tax deductions and credits available for dependents. However, this must be done on paper with a written agreement that outlines exactly how long each parent will claim their child as a dependent each year. The agreement should then be included along with each parent’s tax return when filing.

No matter what, parents should always keep the best interests of their children in mind when deciding between a parenting plan and an IRS dependency exemption. Both can help ensure that children are provided with financial support and stability while they are growing up.

In conclusion, it is important to remember

...that a parenting plan does not impact an IRS dependency exemption, and vice versa. They are two separate issues that must be decided independently of each other. Parents should consult with a qualified attorney or tax professional to understand their rights and responsibilities under both the parenting plan and the IRS regulations, so that they can make informed decisions about their children’s financial future.

Can both parents claim child on taxes if not married

The answer to this question depends on the parents’ individual circumstances. Unmarried parents are not eligible to file joint tax returns, so each parent must file a separate return. If both parents can claim the child as a dependent, then they must decide which one will do so in order to take advantage of the various deductions and credits associated with dependents. The IRS Tiebreaker Rule applies here as well: if both parents meet all other criteria for claiming the child as a dependent, then the exemption goes to the parent with the higher adjusted gross income. Parents can also agree to alternate claiming the child in order to benefit from multiple tax deductions and credits available for dependents.

However, this must be done on paper with a written agreement that outlines exactly how long each parent will claim the child as a dependent each year. The agreement should then be included along with each parent’s tax return when filing. No matter what, parents should always keep the best interests of their children in mind when deciding between a parenting plan and an IRS dependency exemption. Both can help ensure that children are provided with financial support and stability while they are growing up.

Claiming a Non-Resident as a Dependent On Taxes

In some cases, a non-resident parent may be eligible to claim their child as a dependent on their taxes. The first step is determining if the parent meets the IRS's definition of “qualifying relative," which includes guardians, stepparents, and certain other family members. If the non-resident parent does qualify as a qualifying relative for tax purposes, then they can claim the child as a dependent and receive all applicable deductions and credits associated with dependents.

It is important to note that even if the parent is able to claim the child as a dependent on their taxes, this does not automatically grant them any legal rights or responsibilities regarding parenting time. In order for these matters to be addressed, parents must still enter into a formal parenting plan or obtain a court order.

Remember that claiming a child as a dependent on taxes does not necessarily mean that the parent has any legal rights or responsibilities for parenting time and vice versa. Parents should consult with an attorney or tax professional to understand their rights and responsibilities in each area so they can make informed decisions about their children's financial future.

How can I stop someone from claiming my dependent on their tax return

If you believe someone is attempting to fraudulently claim your child as a dependent on their taxes, there are several steps you can take. First, contact the IRS at 1-800-829-1040 and report the issue to them. You should also contact your state's department of revenue and file a complaint with them. Finally, consult an attorney who specializes in tax law to discuss your legal options for preventing this from happening.

Penalties for Claiming False Deductions

If someone is found to have fraudulently claimed a dependent on their taxes, they may be subject to penalties imposed by both the IRS and the state. These can include fines, repayment of any tax credits or deductions received as a result of the false claim, and possible criminal charges. In order to avoid these consequences, it is important for taxpayers to make sure that all information provided on their return is accurate and up-to-date.


Parenting Plan vs IRS

It sounds like you are facing a difficult legal situation regarding your taxes and your parenting plan. While you may feel overwhelmed, it's important to know that there are legal options available to you.

Understanding the context

In Ohio, the law requires that both parents support their children financially, even after a divorce or separation. The state uses a formula to determine how much child support each parent should pay based on their income and the amount of time they spend with their children.

In your case, it sounds like you are the custodial parent, meaning that you have physical custody of your children the majority of the time. While your parenting plan specifies that each parent should claim one child on their tax return, the IRS has its own rules about who can claim dependents.

Under federal law, the custodial parent is generally entitled to claim the children as dependents on their tax return. However, if the custodial parent signs IRS Form 8332, they can release their right to claim the children as dependents, allowing the non-custodial parent to claim them instead.

Possible solutions

Given this information, it may be possible to challenge the court's decision and assert your right to claim the children on your tax return. However, this will likely require the assistance of a knowledgeable family law attorney who can help you navigate the legal system and make a strong case.

Before you begin your search, it may be helpful to check out Explore Lawyers, which allows you to compare lawyers in your area and find the best lawyers for your situation. Look for an attorney who has experience in family law and taxation, and who can help you understand your legal options.

If you decide to challenge the court's decision, you will need to file an objection with the court and provide evidence to support your claim. This may include documentation showing that you are the custodial parent, as well as any communication you have had with your ex-partner about your taxes.

Relevant authorities

Here are some relevant authorities for your situation in Ohio:

  • Ohio Revised Code § 3119.01: This section of the Ohio Revised Code outlines the state's child support guidelines and provides information about how child support is calculated.

  • IRS Publication 17: This publication provides information about tax rules for individuals, including rules about claiming dependents.

  • IRS Form 8332: This form is used to release the custodial parent's right to claim a child as a dependent.

Rates for legal services in Ohio

Here is a table with approximate rates for various legal services in Ohio:

Service Approximate cost
Initial consultation $100-$300
Hourly rate for lawyers $150-$400
Contested divorce $5,000-$20,000
Child custody dispute $3,000-$10,000
Tax dispute $2,000-$10,000

Similar legal issues

Here are two examples of similar legal issues and possible solutions:

  1. A custodial parent in Ohio is being denied their right to claim their child as a dependent on their tax return. They hire an attorney who files an objection with the court and provides evidence to support their claim. The court rules in favor of the custodial parent, allowing them to claim the child as a dependent.

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Legal Solution

The response provided below is specific to Family law attorneys in the jurisdiction of Ohio. If the response is inadequate, please submit a detailed inquiry.

Parenting Plan Tax Dilemma: IRS Regulations vs. Court Orders

The intersection between family law court orders and federal taxation rules concerning child dependents can be complex and, often, overwhelming. Your situation, wherein the local court order diverges from the IRS's traditional guidelines on claiming dependents, presents a challenge, but there may be avenues to explore.

Relevant Statutes and Guidelines:

  • Federal Tax Law: Internal Revenue Service (IRS) - The primary authoritative source for all tax-related matters in the U.S.
  • Ohio Family Law: While there isn't a direct link to specific statutes, the Ohio Government Official Website is a starting point. Further specifics can be found under its family law section.
  • Form 8332: A crucial form related to the release/revocation of release of claim to exemption for child by custodial parent.

Potential Solutions:

  1. IRS Precedence: Federal law typically takes precedence over state law. Given that you've never signed Form 8332, the IRS would likely recognize you as the rightful claimant if the child lived with you for the majority of the year. It's crucial to consult with a lawyer to ascertain if your state court will recognize this precedence and adjust the contempt finding accordingly.

  2. File an Objection: Even after a decision has been made, parties typically have the right to file an objection or appeal. In Ohio, the time frame for filing objections can be limited. You'd need to move quickly and, ideally, with family lawyer representation.

  3. Negotiation: Consider discussing with the child's father to reach an understanding about tax filings going forward. While this doesn't rectify the past, it can prevent similar issues in the future. Mediation might be an option, and professional arbitration and mediation attorneys can help guide this process.

Legal Service Pricing in Ohio:

Service Average Cost in Ohio
Initial Consultation $250 - $400
Family Law Representation $2,000 - $7,000
Tax Law Consultation $300 - $600
Mediation Session $500 - $1,500/session

Note: Prices can vary based on the complexity of the case, the reputation of the attorney, and other factors.

Seeking Clarity:

While your situation seems intricate, it's paramount to ensure you get expert advice tailored to your circumstances. If you haven't already, it would be prudent to find the right lawyer who has experience in both family law and taxation.

Questions to Consider:

  1. IRS Communication: Have you received any communication from the IRS regarding the double claim of dependents?

  2. Past Agreements: Were there any written or verbal agreements between you and the children's father regarding any change in the tax claiming structure?

  3. Previous Years: How were taxes handled in prior years, especially regarding claiming the children?

Q1: Can I change a court-approved parenting plan?

Yes, but there's a process. You'd typically need to demonstrate a significant change in circumstances to warrant a modification of the parenting plan.

Q2: How does the IRS determine which parent gets to claim a child?

The IRS generally allows the parent with whom the child lived the most during the year to claim the dependent unless the custodial parent signs off their right using Form 8332.

Q3: Can state courts override IRS rules on claiming dependents?

While state courts handle child custody and support matters, they cannot supersede federal tax law. However, non-compliance with court orders can lead to contempt charges, as seen in your case.

Q4: What if both parents claim a child on their tax return?

The IRS has tie-breaker rules. Typically, if two parents claim a child as a dependent, the IRS will grant the claim to the parent with whom the child lived the most during the tax year.

Q5: Is it possible to retroactively sign Form 8332 to resolve previous years' issues?

Form 8332 relates to future tax years and not past years. However, it might be possible to amend previous tax returns. Consulting with a tax professional is advised.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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"Parenting Plan Tax Dilemma: IRS Regulations vs. Court Orders"

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Written by Counselor
Mon, 12/19/2022 - 12:41

When deciding between a parenting plan and an IRS dependency exemption, it is important to understand the differences between the two. A parenting plan defines each parent’s rights and responsibilities in raising their children; including legal custody, physical custody, visitation, decision-making authority, health care decisions, education choices, religious upbringing, and financial support. It also outlines how disputes will be resolved and how parental contact should take place when parents do not live together.


The Internal Revenue Service (IRS) dependency exemption determines which parent will claim a child as a dependent on their tax return. This is important because it allows the parent claiming the exemption to deduct that child’s income from their own taxable income. The parent claiming the exemption is also entitled to additional tax credits such as the Child Tax Credit and Earned Income Tax Credit.


It’s important to remember that a parenting plan does not impact an IRS dependency exemption, and vice versa. They are two separate issues that must be decided independently of each other. Parents should consult with a qualified attorney or tax professional to ensure they understand their rights and responsibilities under both the parenting plan and IRS regulations.

Who Claims the Child With 50/50 Parenting Time?

When parents have equal parenting time and both claim the child as a dependent, the IRS ties the exemption to the parent with the higher adjusted gross income. This is known as the Tiebreaker Rule. Therefore, even if one parent has more parenting time than the other, they may not be able to claim their child’s dependency exemption if they do not make more money than their ex-spouse or partner.

Parents can also agree to alternate claiming the child

in order to benefit from multiple tax deductions and credits available for dependents. However, this must be done on paper with a written agreement that outlines exactly how long each parent will claim their child as a dependent each year. The agreement should then be included along with each parent’s tax return when filing.

No matter what, parents should always keep the best interests of their children in mind when deciding between a parenting plan and an IRS dependency exemption. Both can help ensure that children are provided with financial support and stability while they are growing up.

In conclusion, it is important to remember

...that a parenting plan does not impact an IRS dependency exemption, and vice versa. They are two separate issues that must be decided independently of each other. Parents should consult with a qualified attorney or tax professional to understand their rights and responsibilities under both the parenting plan and the IRS regulations, so that they can make informed decisions about their children’s financial future.

Can both parents claim child on taxes if not married

The answer to this question depends on the parents’ individual circumstances. Unmarried parents are not eligible to file joint tax returns, so each parent must file a separate return. If both parents can claim the child as a dependent, then they must decide which one will do so in order to take advantage of the various deductions and credits associated with dependents. The IRS Tiebreaker Rule applies here as well: if both parents meet all other criteria for claiming the child as a dependent, then the exemption goes to the parent with the higher adjusted gross income. Parents can also agree to alternate claiming the child in order to benefit from multiple tax deductions and credits available for dependents.

However, this must be done on paper with a written agreement that outlines exactly how long each parent will claim the child as a dependent each year. The agreement should then be included along with each parent’s tax return when filing. No matter what, parents should always keep the best interests of their children in mind when deciding between a parenting plan and an IRS dependency exemption. Both can help ensure that children are provided with financial support and stability while they are growing up.

Claiming a Non-Resident as a Dependent On Taxes

In some cases, a non-resident parent may be eligible to claim their child as a dependent on their taxes. The first step is determining if the parent meets the IRS's definition of “qualifying relative," which includes guardians, stepparents, and certain other family members. If the non-resident parent does qualify as a qualifying relative for tax purposes, then they can claim the child as a dependent and receive all applicable deductions and credits associated with dependents.

It is important to note that even if the parent is able to claim the child as a dependent on their taxes, this does not automatically grant them any legal rights or responsibilities regarding parenting time. In order for these matters to be addressed, parents must still enter into a formal parenting plan or obtain a court order.

Remember that claiming a child as a dependent on taxes does not necessarily mean that the parent has any legal rights or responsibilities for parenting time and vice versa. Parents should consult with an attorney or tax professional to understand their rights and responsibilities in each area so they can make informed decisions about their children's financial future.

How can I stop someone from claiming my dependent on their tax return

If you believe someone is attempting to fraudulently claim your child as a dependent on their taxes, there are several steps you can take. First, contact the IRS at 1-800-829-1040 and report the issue to them. You should also contact your state's department of revenue and file a complaint with them. Finally, consult an attorney who specializes in tax law to discuss your legal options for preventing this from happening.

Penalties for Claiming False Deductions

If someone is found to have fraudulently claimed a dependent on their taxes, they may be subject to penalties imposed by both the IRS and the state. These can include fines, repayment of any tax credits or deductions received as a result of the false claim, and possible criminal charges. In order to avoid these consequences, it is important for taxpayers to make sure that all information provided on their return is accurate and up-to-date.

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