Hi everyone! I hope someone can help me on this one! What a mess!
I am divorced and have been for 10 years now. When we got divorced I had been dumped at my parents house with 2 kids, no job, no car, no money. Needless to say, I didn't have a lawyer and I didn't go to court because I had 2 kids to care for and we pretty much agreed on things (so I thought).
In the divorce papers it was put in that he gets to claim the kids. It stated that I had 10 days after the time he provided me with form 8223 to sign and return to him so he could claim the kids. I offered to sign the first couple of years but he said he didn't need me to sign the form that it was taken care of. I HAVE NEVER SIGNED THE FORM GIVING UP MY RIGHTS TO CLAIM THE KIDS! He claimed the kids the first 4 years or so and I have claimed them the last 5 years.
I took my ex to court in November of 2010 for a modification to child support and to change the tax issue. The judge said she wasn't going to touch it. She said there was federal law in place that states who claims the kids and she can't make a ruling on the issue it is federal. Tie breaker law says custodial parent claims the kids. The problem is now he is threatening civil court if I claim the kids. Because of the divorce papers it is 50/50 on what will happen in civil court.
Has anyone had this issue? Were you able to get this changed? How? My lawyer says that it was addressed in court and was reverted back to federal law so I claim the kids as long as I do not sign form 8223. I don't want to get in trouble and definately do not want to go to court every year and fight this in civil court. Do I need a tax attorney to fight this? What do I need to do?
Thanks!
Gosh, I think all you have to do is prove that the kids are with you more than 6 months out of the year and that should be it. If you read the instructions in the tax forms on "dependents" it tells you how they qualify.
Naturally, since you now want to claim them he will want the custody battle.
I feel for ya.
Men can get so ridiculous.
Have you calculated how much claiming them will save you (in taxes) versus how much claiming them will cost you in attorneys' fees? You very well may be able to claim them yourself, however not giving in on this point might end up costing you much more in court costs. After all, money spent is money gone, regardless of where it is going. So my advice is to sit down and figure out how much money you're actually fighting over.
Good luck!
The custodial parent gets to claim the child(ren) the only time have known people to swap every other year is when the have custody split 50/50.
I have two friends with two examples. My friend that has two children with her ex splits the kids, they each claim one. My other friend with one child and 50/50 alternates years with her ex.
I would think an accountant would be able to know what to do. Or calling the IRS yourself.
I think your best bet is to consult with a tax attorney or see if your divorce lawyer can ask for you (if there is one in the same firm).
my sis & her ex each claim one child.
