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Question for parents with stepkids-w/ edit

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  1. jnspn92 jnspn92 is offline

    Peoria, IL
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    Feb 4th, 2008 (2/4/2008 12:39pm)

    If you have full custody why does the weekend parent think they have the right to claim them on their taxes? Any weekday or weekend parent have thoughts on this?

    My wife's ex-husband thinks he should claim their son even though she has full custody and he is with us 70% of the year. Actually he thinks he should be able to claim him every other year. I say fuck'em. Thoughts?
  2. that1chic that1chic is offline

    Portage, MI
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    Feb 4th, 2008 (2/4/2008 12:40pm) in reply to jnspn92

    not acceptable.
  3. H@BB@KUK H@BB@KUK is offline

    Columbia, MO
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    Feb 4th, 2008 (2/4/2008 12:42pm) in reply to jnspn92

    whats wrong with every other year? after 2 years he spent the same time you did in one year..+/- 10%...so, ya
  4. that1chic that1chic is offline

    Portage, MI
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    Feb 4th, 2008 (2/4/2008 12:44pm) in reply to H@BB@KUK

    i guess that would work too, but unless you have some sort of arrangement created prior to tax time, like every other year and he pays for X, Y, & Z throughout the year, then i say no way.

    wait, i think i misread the op.
  5. jnspn92 jnspn92 is offline

    Peoria, IL
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    Feb 4th, 2008 (2/4/2008 12:45pm) in reply to that1chic

    What is not acceptable? Me saying fuck him or him wanting to claim him?

    It states in the divorce that she gets to claim every year. H ethinks we should handle this like adults and not worry about the "paper".
    Thread Starter
  6. jesterwords jesterwords is offline

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    Feb 4th, 2008 (2/4/2008 12:45pm) in reply to jnspn92

    I adopted... he lost all his rights... fuck him, POS.
  7. that1chic that1chic is offline

    Portage, MI
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    Feb 4th, 2008 (2/4/2008 12:46pm) in reply to jnspn92

    him wanting to claim.
  8. dolphin13 dolphin13 is offline OT Vice MVP

    Chicago, IL
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    Feb 4th, 2008 (2/4/2008 12:47pm) in reply to that1chic

    just make sure you're careful when beating him. Is he a red head.
  9. H@BB@KUK H@BB@KUK is offline

    Columbia, MO
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    Feb 4th, 2008 (2/4/2008 12:47pm) in reply to jnspn92

    ya so wait, your ex wife has custody of your son but he lives with you 70% of the time? whattttt
  10. poundthatace poundthatace is offline

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    Feb 4th, 2008 (2/4/2008 12:48pm) in reply to jesterwords

    do said stepchildren have red hair?
  11. jnspn92 jnspn92 is offline

    Peoria, IL
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    Feb 4th, 2008 (2/4/2008 12:49pm) in reply to jesterwords

    I just found out he claimed him anyway after I told him to not do it. Idiot, we'll claim him too and let the IRS figure it out. That last couple of times he's wanted to claim him he calls my wife and berates her until she give in. NOT THIS YEAR ASSHOLE! He got $6,000 instead of the $2,500 he should have. Hope he didn't spend it.
    Thread Starter
  12. Jaybone2315 Jaybone2315 is offline Professional Couch Ruiner

    San Diego, CA
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    Feb 4th, 2008 (2/4/2008 12:50pm) in reply to H@BB@KUK

    Yea thats ridiculous. Theres no way my mom would of let my dad claim me when I was younger.

    On a side note... im 23 and my mom still claims me. She is now the every-other-weekend mom since ive lived on my own for the past 5 years. Pisses me off...
  13. ihaterats ihaterats is offline

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    Feb 4th, 2008 (2/4/2008 12:50pm) in reply to H@BB@KUK

    Listen, tell your wife to pull out her divorce papers and see what it reads. They usually spell out the tax situation in them as a standard practice.
  14. wowswift wowswift is offline Fold to cash, skeet to win.

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    Feb 4th, 2008 (2/4/2008 12:50pm) in reply to jnspn92

    well give him 30% of what you get from claiming the kid and tell him to f off. or give him nothing since you have a custody agreement. its never just a paper
  15. jnspn92 jnspn92 is offline

    Peoria, IL
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    Feb 4th, 2008 (2/4/2008 12:51pm) in reply to H@BB@KUK

    No, I've been the step-dad since he was 1 year old. He's 9 now.
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  16. Sweetness777 Sweetness777 is online now Prefers Dark Meat

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    Feb 4th, 2008 (2/4/2008 12:51pm) in reply to H@BB@KUK

    i think standard practice is every other year you would claim, or thats how my parents and and a couple other peers that i know have done..
  17. that1chic that1chic is offline

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    Feb 4th, 2008 (2/4/2008 12:52pm) in reply to jnspn92

    so did you mean to say your wife's ex husband?

    this is confusing and shit.
  18. jnspn92 jnspn92 is offline

    Peoria, IL
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    Feb 4th, 2008 (2/4/2008 12:53pm) in reply to ihaterats

    She gets every year in the divorce but it's just a piece of paper to him. He's says he'll go back to court if we don't agree and get it changed.
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  19. KCKyle KCKyle is offline

    Kansas City, MO
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    Feb 4th, 2008 (2/4/2008 1:33pm) in reply to jnspn92

    then have him go back to court.....its not just a piece of paper, its a court order
  20. ihaterats ihaterats is offline

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    Feb 4th, 2008 (2/4/2008 1:39pm) in reply to KCKyle

    ^^right
  21. jhesser jhesser is offline

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    Feb 4th, 2008 (2/4/2008 1:41pm) in reply to wowswift

    You have to go by what the divorce papers say, Claim him every year and wait to see if he takes you back to court. As for him claiming him in the past, that will catch up with him. You have nothing to worry about, I wouldn't say a word and just let him hang himself with the IRS. Personally, if your wife has 100% custody then he shouldn't have any right to claim the kid.

    But there's always two sides to every story and I have some experience with that. I'm in your shoes, so I just adopted both of my step sons. Now 14 years later he is trying to get back into there lives. I have one that is 20 and he has made contact with the sperm doner and the other is 17 and I won't allow him to have anything to do with him untill he's 18. Is that wrong?
  22. jnspn92 jnspn92 is offline

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    Feb 4th, 2008 (2/4/2008 1:51pm) in reply to jhesser

    If he gave up his rights that's his tough shit! Once your son is 18 he can make the decision if he wants to see him. My sons father sees him when his other son is there to watch him and he can do what he wants. He thinks because he pays $57 a week in child support he should get free money from his piggy bank son.
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  23. ECUgirl ECUgirl is offline

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    Feb 4th, 2008 (2/4/2008 1:56pm) in reply to KCKyle

    Exactly! The way my ex and I set it up is that he claims one and I claim one (we have two kids). I don't think it's entirely fair since I have them most of the time, but I was trying to be the bigger person and not screw him over when we separated. I still abide by it, because that's what the agreement which we both signed says and I don't feel like going to court to get it changed. If their agreement says she gets to claim the child every year, then he needs to honor that.
  24. ECUgirl ECUgirl is offline

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    Feb 4th, 2008 (2/4/2008 1:59pm) in reply to jhesser

    Wow! So jealous of the people whose exes just bow out and let the stepdad adopt. I wish my ex-husband would go away! My life would be so much easier. Actually, that's selfish of me, MY life would be easier, definitely, but not my kids' lives. Ugggghhh!! I was gonna say divorce sucks, but divorce really doesn't. Marrying the wrong person and proceding to have offspring with them sucks!
  25. AJXTERRA AJXTERRA is offline

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    Feb 4th, 2008 (2/4/2008 2:04pm) in reply to jnspn92

    Dude...just claim the kid and if you want to get back at the fucker call the IRS and notify them. He's obviously a douche and like every1 above said this is a court order.

    'Technically' you're breaking it when you don't claim the kid. If the order says she claims it then you have no need to worry about the IRS. Sure he can try to fight you AGAIN, but even if he were to win it would never be retroactive to 2007.

    However you need to be ready for an audit this year b/c they'll probably have to audit both of you for this.

    EDIT: also know that this rebate coming mid year will be based upon your return and you WILL get extra for every kid claimed.
  26. scramble scramble is offline

    Irvington, AL
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    Feb 4th, 2008 (2/4/2008 4:41pm) in reply to jnspn92

    if you have custody the tax credits are yours unless changed in the custody papers.
    also your wife must sign a irs form 1083? in order for the non custodial parent to claim the deduction each year. also the noncustodial is not entitled to the child tax credit or the earned income credit only the standard deduction according to irs rules.

    i am currently going through this with my ex. the judge ordered every other yr but the tax credits are worth more to the custodial parent so im trying to work a deal to keep the claim with me and just make up the diffrence in what the non custodial would get for the deduction
  27. Nole91 Nole91 is offline

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    Feb 4th, 2008 (2/4/2008 5:21pm) in reply to jnspn92

    This is covered in your wife's divorce agreement- no way that it's not.

    Assuming you and her have the right to claim, continue to do so. The IRS will definitely flag the double deduction and both parties will be asked to provide proof of the right to claim (the divorce agreement).

    If for some reason it's not covered in the divorce agreement, consult the attorney who drafted it. It would be a big miss on his/her part.
     
  28. jnspn92 jnspn92 is offline

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    Feb 4th, 2008 (2/4/2008 5:28pm) in reply to scramble

    He explained to me he took the child tax credit and we could take the earned income credit. That's not the same as claiming the child? We make way too much get the EIC.
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  29. GAMEOF LIES GAMEOF LIES is offline

    Mentor, OH
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    Feb 4th, 2008 (2/4/2008 6:01pm) in reply to jnspn92

    My ex and i do it where every other year i claim my son. And even tho i only have my son on the weekends with all the money i give to that heart-less bitch i sould be able to claim my son every other year. Her new boy friend tought the same as you do intill he found out i was paying there fucking rent ever fucking month.djfbvbdibvfbdjfv;an;fvbdnbfjvnjo;ADF
  30. Skywalker18 Skywalker18 is offline

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    Feb 4th, 2008 (2/4/2008 8:01pm) in reply to GAMEOF LIES

    that's an awesome post on so many levels
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