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.
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