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Income Tax Filing Question


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  #1  
August 8th, 2006, 10:53 AM
Chunky Monkey's Avatar Platinum Supermommy
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Location: Sylvania Township, Ohio
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Hi all! I tried to post this the other night but it was really late and then I got an error message so I stopped trying. I have a question I was wondering about some advice.

Here is some background:
My DS from a previous relationship is almost 9 years old. The last 3-4 years his bio father & I have had shared parenting of him. We would each get him every other weekend and I would have him M-W and he would have him W-F.

Since Jan '06 his bio father has been in Cincy doing a co-op for school (he is going to school to be an electrical engineer). He only has been coming back to Toledo every other weekend to see JJ since then. In the meantime my DH & I have been totally supporting JJ without ANY help from his father besides for a pair of shoes here and an outfit there. The shared parenting was through the court and child support was ordered at the minimum of $50 a month for him to pay to me but it has been 13 months and STILL no payments.

I am getting ready to go back to work and was wondering if I should put down to claim JJ on my taxes. In the last few years because of the shared parenting and I have 2 other kids I claim, I have let his bio father claim him. But he is coming back at the end of this month so that is almost 9 months we have had to totally support my DS without any help from him. The guidelines are for the child to be with the parent 6 months out of the year and/or providing half the support the child needs for the year unless otherwise court ordered. But we never brought it up in court because it was never an issue.

Is anyone else in a similar situation? My DH and MIL both say I should be the one claiming him but I feel like I am doing something "shady" by doing that.

Thanks in advance for the advice.

FYI my daughter I claim every single year but her bio father has never even asked or tried to claim her, he knows better.
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  #2  
August 8th, 2006, 11:08 AM
CrazyFrog
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I would say if you are taking care of him, you should be claiming him. Even if you are sharing custody, you should still be able to claim him every other year.
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  #3  
August 8th, 2006, 01:54 PM
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Join Date: Jul 2006
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Dont know if this will help any or not but my fiance and I share custody with his ex and her husband. We are exactly 50/50 like you and your ex except we ae two weeks and two weeks. But we have a court order that says we swap who claims him. But it also states that if one parent has him more than the other (like 7 months for one and 5 months for the other) than the one with 7 can claim him. Also when you go to file taxes it asks you if you have a child who resides with you for more than X number of months through the year. i can't remember how many months it is. I think it is 7. But if I were you I would let my ex know that I am claiming him on my taxes because if you both try to claim him it will cause a big hold up at tax return time and could take you months to get your refund. Hope it all works out for you.
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  #4  
August 8th, 2006, 04:45 PM
Chunky Monkey's Avatar Platinum Supermommy
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Thanks for the advice! Oh I will be telling him about me claiming him. I really want to, I feel it is the right thing to do but when I annoince it to my ex, he is going to have a MAJOR tantrum about it. I usually give into the tantrums but that is why my DH is also going to be there when I tell him because if I do not have him there, somehow my ex is able to walk all over me, then it creates tension in our marriage.

I filled out my paperwork and am claiming 2. My DH claims 2 on his so in our family of 5, one person is not claimed right away but will be once it comes time to filing taxes. We usually get it all back with EIC.
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  #5  
August 8th, 2006, 05:57 PM
mudholemama
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Maybe, if you can, I'd try to get the decision documented...

i.e. whether or not you or bio gets to claim your son...KWIM?

My DH has it stated in the divorce decree that as long as he is
not in arrears for child support, he gets to claim his daughter on
our taxes. We only get 120 days visitation a year but still get to
claim her...
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