Mothering Forum banner

1 - 9 of 9 Posts

·
Registered
Joined
·
430 Posts
Discussion Starter · #1 ·
I have a call out to a tax preparer friend but I know many of you have had experience with this.....<br><br>
X and I split December 2005 so we've been split up all of 2006. Our divorce was September and itll be final December 2006.<br><br>
1. Can we file joint for 2006? If we choose....X is untrustworthy so I'm hesitant but he's deducting both kids for 2006 so maybe being on the same 1040 would help. I'd insist on having the money come to me and then giving him 50%, rather than the other way.<br><br>
2. If we file separate, can I still deduct my kids' childcare? He's getting both deductions for 2006.<br><br>
3. 2007- we'll each take one deduction. I'm paying all childcare costs but X claims he's going to list childcare expenses. WTF!!! I said, "Well, I'll be legitimately listing childcare. If you want to lie, that's between you and the IRS." My question is- what if he deducts DS, lists his childcare and I list his childcare as well. Will the IRS catch that and perhaps disallow my deduction???<br><br>
Basically, how does NOT deducting my kids affect me deducting childcare and medical expenses?<br><br>
Thanks for any advice!
 

·
Registered
Joined
·
523 Posts
If you are still married than you can file jointly. If you file jointly you will get a much larger return. I didn't trust x so I filed married filing seperately. As far as child care is concerned, you must be able to provide your tax preparer with a tax id number in order to claim the amount. I paid for child care and there for I claimed it. But the tax preparer recently told me that if x reimburses me for child care he can claim the amount that he has reimbursed me. If you have sole custody you can claim both children as a deduction, if you have shared custody it is standard to spilt the deduction. This year you take ds and I take dd, next year visa versa. You could play nasty if you have sole custody and claim both, but that is grounds for war. Most usually split mortgage interest paid also.<br><br>
Hope that helps.
 

·
Registered
Joined
·
2,925 Posts
actually, if you get divorced before the end of the year you CANNOT file jointly this year. They grant you marriage for the full year even if you get married at the end of it, same goes with divorce. So if the divorce will be final in december, you'll have to file separately.<br><br>
As for child care expenses...don't have a clue as I haven't done those yet. Contact a tax preparer or read the code carefully!
 

·
Registered
Joined
·
18 Posts
The first year ex and I were divorced, he claimed dd on his tazes (even though our agreement specifically said I would). I inncently called the IRS and asked what would happen if we both claimed them. I gave them his SSN and they flagged his SSN. When his papers came in, they reviewed them and disallowed the deductions. (I think they also levied a fine on him but I'm not sure.)
 

·
Registered
Joined
·
935 Posts
When I got divorced, my ex was allowed to claim DS on his taxes. Basically, my lawyer explained to me that *at that time* I would get no extra tax benefit by claiming DS because I would be getting Earned Income Credit and could claim Head of Household status. I also earned just over $10,000/year at that time.<br><br>
Now, I am in the process of taking my ex back to court to change this. I now have a job where I will make over $20,000 (ex has claimed he made less than $12,000/year for the last two years, but I think he's lying to me). Also, according to my lawyer <b>the tax code has changed this year</b> so that I cannot claim HOH without having DS as *my* dependant, so even without the new job/higher income I would need to have DS as a dependant for full tax benefit. I'm not sure if it has an effect on child care expenses, but it might be worth checking on.<br><br>
My ex is going to be totally p.o.'d because it's taking longer than I thought to get the court date. I'm afraid it may come up really close to his wedding and he'll think I'm just doing it because of that.
 

·
Registered
Joined
·
430 Posts
Discussion Starter · #6 ·
<div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">
<div>Originally Posted by <strong>karen ann</strong> <a href="/community/forum/post/6503172"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a></div>
<div style="font-style:italic;">the tax code has changed this year so that I cannot claim HOH without having DS as *my* dependant.</div>
</td>
</tr></table></div>
My lawyer had told me that I could claim HOH even w/o the dependents. Not that a lawyer would necessarily be totally UP on these things. Rats! Next year, I guess.......
 

·
Registered
Joined
·
5,227 Posts
marital status is determined on the last day of the year. so if you are not married on 12/31, you cant file a joint return. be aware that if you file jointly, you are also jointly liable for any tax liability. if there are trust issues, its always good to keep those in mind.<br><br>
the person who claims the dependents may claim the dependent care expenses (must provide at least 50% of living expenses).<br><br>
you have nothign to do with what your stbx files on his income tax return, unless you file jointly. so if he lies, then he lies.<br><br>
the IRS searches for SSN's so if 2 ppl are claiming one child, it may be caught and both parties may be contacted and denied a deduction. just make sure you have all your receipts, etc.<br><br>
you can only deduct child care expenses for dependents. if someone is not listed as a dependent, you will be denied child care expenses. perhaps you and your stbx can work out an agreement whereas he pays the childcare expense for hte child that he claims for the year.
 

·
Registered
Joined
·
430 Posts
Discussion Starter · #8 ·
<div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">
<div>Originally Posted by <strong>aisraeltax</strong> <a href="/community/forum/post/6506498"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a></div>
<div style="font-style:italic;">the person who claims the dependents may claim the dependent care expenses (must provide at least 50% of living expenses).</div>
</td>
</tr></table></div>
Uh no.... <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/greensad.gif" style="border:0px solid;" title="greensad"> But for 2006, I'm using a dependent care spending account from work, so that's the same as claiming on taxes, right?
 

·
Registered
Joined
·
3,335 Posts
<div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">
<div>Originally Posted by <strong>aisraeltax</strong> <a href="/community/forum/post/6506498"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a></div>
<div style="font-style:italic;">the IRS searches for SSN's so if 2 ppl are claiming one child, it may be caught and both parties may be contacted and denied a deduction.</div>
</td>
</tr></table></div>
oh yes they do! my aunt and my mom got caught both trying to claim me one year. they got it figured out though.
 
1 - 9 of 9 Posts
Top