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Old 01-28-2004, 04:48 PM
Phil Marti
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Default Re: Release of child exemption

"~August" <august164REMOVETHIS[at]hotmail.com> writes:

- quote -

> My ex-husband and I take turns claiming two of our three
> children each year on our taxes. Last year we each got a
> child tax credit advance for one child.


It thus appears that you claimed the oldest child and one
other in 2002. In search for extramarital harmony, I'll
suggest that you look back to 2001 and see which child you
claimed when you claimed only one. What I'm saying here is
that your ex may not be gaming you, he may just not know
that the oldest is no longer a child tax credit child.

- quote -

> Our oldest is over
> 17 and no longer eligible for the credit. This year is my
> ex-husbands year to claim two children on his taxes. He
> claimed the two youngest ones leaving the oldest child for
> me to claim. The oldest child is not eligible for the tax
> credit and since i received the tax advance check last year
> this is really hurting me on my return.


I don't understand this. If you received an advance payment
but for whatever reason are not able to claim the credit in
2003, you don't have to repay the $400.

- quote -

> I am suppose to
> send him a form 8332(?) each year but this year he filed
> without the form (probably using our divorce papers, which
> state we will switch off claiming two children so long as
> all 3 are eligible to be claimed as dependents).


I suspect that your divorce agreement predates the child tax
credit. You probably need to sit down and work this one
out. While you're at it, you may as well deal with what
you're going to do when the middle child reaches 17.

- quote -

> I have not
> filed my taxes yet and want his return modified to reflect
> him claiming the two oldest children... in this way, he gets
> to claim two children, per our agreement, and we each get to
> take advantage of the child tax credit for one child. What
> does he have to do to modify his return?


He has to file an amended return.

- quote -

> If he refuses to
> modify his return and i claim the youngest child (which is
> one of the children he has already claimed) what would
> happen then?


For starters, even if he amends you have to file on paper.
If you both claim the same child, IRS will decide which of
you should have the exemption. I suspect you as the
custodial parent hold the trump card since you have to
specify which children you're releasing to the noncustodial
parent.

Hopefully you can work this out with your ex.

Phil Marti
Topeka, KS

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #-1  
Old 01-27-2004, 09:13 PM
~August
Guest
 
Posts: n/a
Default Release of child exemption

My ex-husband and I take turns claiming two of our three
children each year on our taxes. Last year we each got a
child tax credit advance for one child. Our oldest is over
17 and no longer eligible for the credit. This year is my
ex-husbands year to claim two children on his taxes. He
claimed the two youngest ones leaving the oldest child for
me to claim. The oldest child is not eligible for the tax
credit and since i received the tax advance check last year
this is really hurting me on my return. I am suppose to
send him a form 8332(?) each year but this year he filed
without the form (probably using our divorce papers, which
state we will switch off claiming two children so long as
all 3 are eligible to be claimed as dependents). I have not
filed my taxes yet and want his return modified to reflect
him claiming the two oldest children... in this way, he gets
to claim two children, per our agreement, and we each get to
take advantage of the child tax credit for one child. What
does he have to do to modify his return? If he refuses to
modify his return and i claim the youngest child (which is
one of the children he has already claimed) what would
happen then?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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child, exemption, release
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