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Child Support - Tax Question

toomuch's picture

Hola everyone!!!

Here's a question, if my husband pays child support and has his two kids on his medical insurance and remember I mentioned before his son is over every weekend, why can't he claim his kids on his taxes? There should be some damn type of tax break. They kill him with all the taxes they take out every week and then for tax season he gets screwed again.

???

Comments

Mrs Katch 22's picture

We're in the same boat...except there's only one kid. Usually the primary custody parent is able to claim the kid on her taxes. There is a tax form that the bio parents can fill out to agree that the other parent can claim the kid on his tax return - but good luck getting that done. And..BM doesn't even have to claim child support as income!!! But he has to have the kids a certain amount of time a year. I believe there's criteria that needs to apply to him in order to pursue this tax form. I forgot what publication number is it. Just search google for "separated parents child tax." That should help - but bottom line, if they're with you guys every other weekend, I don't think there's any tax break...I've looked and looked....and there's no relief Sad

There was this stupid song that had the lyrics "it's cheaper to keep 'em than leave 'em" What a stupid song, but how true it is. It's soooo unfair for the fathers. Oh, AND we have to cover half of medical and dental balances insurance doesn't cover!!!

Are you guys filing jointly or separately?

toomuch's picture

SS is with us every weekend, EVERY WEEKEND without fail because he can't stand his mother. I will look into the "separated parent child tax." thx.

There has to be some type of help for fathers that are doing the right and going above and beyond. Good grief!!! Sad

acep74's picture

In australia from the 1st of july it became legaly where 3 party's now can claim for child support. eg( say you break up with 2nd marriage and because your partner had alot to with your kids and if he sees them he can apply for maintenance from the father) ..... this is so stupid & unfair, the whole thing , my hubby has always done the right thing and been screwed time and time again, and now his daughter ran off didnt like our rules , went to our friends house, they decided to let her stay( the mother supported it so she dosent go back to her) and now they claim for child support , they want $430 a month when we have 4 young children of our own , 2 with special needs and paying all the shit we bought her to establish her here in our home, the ungreatful young girl. Anyone out there in the same boat? what can we do?

LVmyBOXERS's picture

DH pays over 50% of the kids support, carries their medical and dental insurances. Yet she gets tax free money and also claims them every year. The dad gets screwed every way possible. God bless America.

Sita Tara's picture

I forget what the credit is but, your child does count somewhere on your taxes, even if you're not the parent claiming him for a deduction. I didn't know this and never told my accountant for the first few years after my divorce. When I finally asked him about whether or not I could still claim part of my daycare expenses for him (he's his dad's deduction/ I have our older son as mine) he said, "Oh MAN! You should have told me you have another child. He still counts even though it's not a full deduction."

So...I would double check that with an accountant. Or do an online search at the very least. It's not a full deduction like I said, but I do believe there is at least a credit.
Peace, love, and red wine

_Jess_'s picture

Basically, the custodial parent gets screwed. You can't deduct child support payments, you pay taxes on that income. Then the non-custodial parent gets that money and doesn't pay taxes. Then you can't claim the child as a dependent.

I'm a custodial step parent, so don't have these problems. Also we get zero child support, so we certainly arent getting free money. Actually, my DH had to go to court to stop child support after he got custody. Can you believe that?! We HAD CUSTODY AND WERE PAYING SUPPORT TO BM!!!! And we had to go to court with our lawyer to stop that.

BS.

Sita Tara's picture

Did you mean the NON-custodial parent gets screwed? Because it sounds like that what you mean, but you wrote "custodial" parent.

Initially, we had shared parenting and were shelling out 500 a month, and had SD 60 percent of the time. Then we got full custody, but when our attorney filed the initial paperwork he made sure to file that CS change as well. It did immediately. Though the court took so long (ie her attorney) to finish, that DH had to pay into an account until the paperwork was final. Then he got a refund.... ONE payment returned at a time until it was all back. I thought THAT was ridiculous.

Peace, love, and red wine

_Jess_'s picture

yeah, i had that backwards. oppsie.

_Jess_'s picture

And believe me, I know that custodial parents can get screwed too. Like you said, it all depends on the situation. Our BM is the same as yours....she does ZERO for SD. She doesn't go to any sporting or school events...hell, she can't even drop off or pick up, we do both. And she has to pay us $80/month IF SHE GETS A JOB. Which she will never do.

She's getting a settlement from a car accident she was in - $75,000. I know this because she inappropriately shares all her financial information with SD. Anyway, she plans to give us $1500 because we've had SD for "2 years"....actually its been over 3 years lady, but whatever. And she thinks that's like a really big deal!!! $1500 won't even cover half the cost of summer camp for SD....

I'd almost rather she keep the $1500, because she's gonna think she's doing something so goddamned wonderful.

Oh...and I love how she's already planning to spend some of the rest of that money. On a boob job. Great example for your daughter. Loser.

Biggrin

toomuch's picture

My DH pays over $600.00 a month and this woman doesn't buy her S the bare necessities, (see previous post) she has a job and a man that works living with her and this really sucks.

I'm trying to warm up to him getting it lowered. He really loves his kids but she's a leech and his S and D look like a paupers. It's completely embarrasing when we have people over or go over to some friends and family.

If SS is going to be with us so much then we need the money for when he's with us.

d@mn, d@mn, d@mn!!!

sixxnguns's picture

My fiancee is fighting with BM about this same thing right now..she thinks she should get to claim FSS every year...I think not! Not when she doesn't spend a dime of the CS on FSS anyway. These women are just greedy Sad And of course the kids and good dads suffer in all of this

Anonymous 2's picture

if you are paying for a medical insurance policy for the kids, 1/2 of the kids portion of the premiums are a deduction against your monthly child support amount or at least here in Alaska. Husband's employer withholds 150.00 a month for insurance, his child support will be reduced by a 75.00 credit for this. When we had custody, bio mom was under order to pay child support but she always worked under the table so we got a pittance. As custiodial parent we were responsible to take kids to Dr, submit to insurance and pay costs not covered by insurance. Child support order said non-custodial parent was to pay 1/2 of costs insurance did not cover. The bio mom NEVER paid for medical costs. For 7 years, we had to take her to court once a year with all the documents showing what her share should have been. She would say we never notified her and she had insurance, court would give her another 6 months to dick around. At the end of that 6 months she would not respond and we would get a lien against her and it would be added to child support she owed us. Each year we went thru the same stupid dance. Course we had court costs to pay each year and never could recoup attorney fees against her. But this is another gripe.

If you are paying medical costs or daycare costs or have the children under joint custody or they are in your home for a good number of days see an accountant or any other knowledgeable taxpreparer. Some parents contact an attorney and have the custody order changed; it is in the court order who gets to claim the children. If you are providing a substantional amount of their suport you might want to consider this.

Good Luck! We are just putting our heads down and tuffing it out until the youngest is 18! O -did you know in some states child support can continue after the child is 18 if they have not graduated from high school and are still attending? AWWWWWGGGGG

Anonymous777's picture

If she wants to put her children through college the man would have to pay his portion also. Whether he wants to or not.It can extend long past 18, of course it always comes down to how much you want to fight and pay to the lawyer. I'm afraid you have found out it often doesn't pay to go to court, you probably lost even more on court and to lawyers. I was lucky, my husband chose not to deal or enable the ex; we paid a minimal amount of cs and any medical bills were her problem and she could take that from the support. Kid is long past 18 so no more, there is a silver lining so just be patient!

Latjec's picture

Even better My DH agreed to pay CS even if the cbild is no linger livng at home AND 50% of college and Car Insurane AND all health insurance

AND she takes the deduction.

smurfy1smile's picture

What state do you live in that your income tax refund is counted as income?

never heard of such a thing

Mrs Katch 22's picture

about daycare, you can claim it on your taxes OR deduct it from your paycheck PRE-TAX - Dependent care benefit.

Anonymous 12345's picture

I live in MN and have been divorced for about 7 years. I have one daughter with my ex. It is in our decree that dad can claim our daughter on his taxes if his child support is paid in full on the last day of the year (December 31). Out of 6 years he could possibly claim her, he has only been paid in full 2 times. Last year (2006), he was behind under 40 dollars and this year (2007) under 15 dollars. I have 2 other children from previous relationships and I get to claim them both and my income isnt that big so the 3rd child really does not do anything for me. Last year he was lived that he could not claim her and I am sure we will have a problem again this year.

Good luck to all - check into this option in your state

Anonymouslady's picture

I went on that, and thought it was shocking. Some of the people (not all) are fanatics imo. Darren Mack types, just angry angry angry. Most seem to have put themselves in the postion they are, and having to support their children is killing them!

sixxnguns's picture

to get some advice but I didn't think they were understanding the situation so I just kinda went away...I agree that alot of them are angry and are trying to find ways not to pay, but when a custodial parent manipulates the system and gets away with lying and cheating the system I think I'd be angry and nuts too...My fiancee and I know how they feel, paying child support to someone who doesn't use it on the child isn't fair, the custodial parent refusing visititation isn't fair, judges automatically taking the woman's side all the time...it's not fair...which is why alot of them are angry and why they don't want to pay...Darren Mack got screwed over BIG TIME...and he lost it and did something stupid, now he has to pay for it...I see first hand what these women can do..I could go on and on about this subject but I'll lay it to rest...

TonyV's picture

Ok... I got a call from my tax accountant telling that my XXX filled taxes for the child credit that the court awarded me. I called her to complain. She told me that I only paid up to May of last year and that I didn't qualify for the credit. And that I needed to have paid for 6 months my girl friend say she was wrong. She looked at her records and found that the girls graduated in June of 2007 which is the sixth month of the year. She is a math teacher at a local high school... you get the picture. To make a long story short I've never missed a payment in 7 years, never missed a birthday, a school event and attended both graduations that where held on the same day from different schools. I’ll be calling the IRS on Tuesday morning and talking to my lawyer in the morning. I have move on with my life and plan to remarry in the fall on next year. I will always have my girls in my life we are all we have. Always treat people with respect when they fall short.

“Show up, Tell the truth, Pay attention, Do your best, don't be attached to the out come.”

sixxnguns's picture

call the IRS and dispute it, if it's in the court order that you get to claim them than the IRS will side with you...we went through this with BM and the court decided that they will both alternate..no worries the IRS will more than likely side with you and show up at her door wanting their money back!

smurfy1smile's picture

I have full physical custody; therefore, when my ex does get to claim our daughter he only get the dependant credit - no EIC, no head of household status, no extra child credit, etc. So the bottum line is he only gets about a hundred bucks more a year on his refund with her deduction vs without. So its really not financially worth it for him to claim her. I could understand if custody was 50/50 than he could get all the other stuff but he maybe has her 10% of the year and that number is probably too high based on how much time she is with him.

Proud Mama's picture

This all is such a problem. My husband is in arrears on his child support, because he never even knew the kid existed until the child was 4 (he's now nearly 9). We're still catching up on all the payments I guess he should've been psychic to know to pay. We're on a payment schedule, and pay on time everytime. Yet, every year when it comes to tax season, there goes all our return. I know I should think of it as paying down what he owes, but I don't. We have a child together, and his ex gets the money we get for claiming OUR child, and she gets the money we should get for being married. We've come to terms that we have to pay back care, and now for the next ten years, but we feel to take the money we can claim for our child, and now the stimulus check, is just nuts. It would be nice if my husband's family he has now meant anything to anyone. Not just a child he never new existed.

smurfy1smile's picture

You can file injured spouse (I think that the right name of the form) with the IRS and then you will get your portion of the refund and his portion will go to his arrears. Then at least you get something back. You are not responsible for his other child's support.

hildie's picture

my hubby pays his child support for twin boys who a dna test was never done, and he didnt not know they exsited til after they were a year old, they are now 8 he pays it she gets our taxes every year i have a son from a x and a daughte with my husband and some how his x is getting all our taxes what can we do this is not right she is getting my sons child tax credit, i am so mad she is getting almost $5000 my husband is in teh army we dont make much and his ex makes $25 and hour and we pay for medical for teh kids not her, she gets so much and we get f'd over does anyone knwo what we can do to take this to court for him to get a dna test done, we are in texas right now and the mother is in florida. we are so lost and need some help?