Do I owe my ex half my tax return for our daughter?????

Jennifer - posted on 01/18/2013 ( 9 moms have responded )

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My ex and I share 50% custody of our 15 year old daughter. I need someone who is familiar with the Dissomaster form that figures child support to help me understand this. My ex was paying me child support from the time my daughter was 11- 14. Then he decided he wanted 50% custody. I have been claiming my daughter as a dependent for the past 10 years and when they calculated the dissomaster to determine child support, it showed that I claimed her so my Federal Exemptions was 2 and his is 1. We both do not pay any child support to each other based on the calculations of income, % time with daughter and Federal Exemptions. Just this past week, he is asking me to pay him half of my tax return to him! I told him that they already calculate that when they run the dissomaster to determine child support. Nothing in my court order states I need to pay him. Is he wrong? This turned into an ugly argument. Not sure if anyone has been through this. I live in CA

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Cecilia - posted on 01/18/2013

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yep he will go to prison for it. On top of files and owing the money back. If you already claimed her her social security number is in the system as used and he won't be able to do anything.

You do not have to write him a check if you did you would have paperwork for it. And they would never say 50% of tax money is to be paid. If they wanted you to pay him it would be monthly. Have you ever heard a court order for child support say 35% of all checks are paid to the mother? no they give an exact dollar amount. It makes no sense to do a %. If they wanted it to be paid to him, they would have told you.

If he really believed you are supposed to pay him why did he say he would claim her? why threaten you? If the court ordered it he would just need to sit back and he would be paid. I pretty much take all of my ex's tax refund. He owes back support. They pull it from the check before he sees it and send me a check. the check he is given is minus the amount they pay me. They don't give him the full check and then believe he'll pay me.

Don't let him bully you. If you are unsure go ahead and call H&R block and they will tell you what you need to know. they will give info for free.

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Kcarlson - posted on 05/02/2017

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I received an educational tax credit on my taxes, which gave me at $750 refund. My ex-husband believes that half of the money from the credit belongs to him ($750 or $1000, not completely sure). He is now holding back court ordered child support until I pay him or the amount of the supplemental support is $1000. This is illegal, correct?

Jennifer - posted on 01/19/2013

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Do the people you know have to go to court every year to have them recalculate the child support since that changes when one parent claims her one year and the other the next? Because of the fact that their income may be different.

Jennifer - posted on 01/19/2013

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Well according to the form (Dissomaster) that they use to calculate the child support, their is a field for % of time with child, salary, and Federal Exemptions....they calculate and take in to consideration this information when determining child support, I'm assuming. So that is why I was asking if I owe him half of it being that they already factored that in.

Stacey - posted on 01/19/2013

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I live in va and most people I know that have jount custody they alternate years. One year the mom will claim the next the father. I know one set of parents have two kids and they each claim one. It sounds like in your case it's in the custody papers you claim her so naturally you would.

Jennifer - posted on 01/18/2013

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He is threatening to file her when he sees his tax person. I'm assuming this is a federal offense since it is documented that I claim her right? I already filed my taxes and claimed her as a dependent. I guess my question is, when the courts calculate everything regarding salary, %of time with the child and Federal Exemptions, they have made the appropriate adjustments for my ex being he isn't claiming her, right? I shouldn't have to write him a check for my tax return???

Cecilia - posted on 01/18/2013

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Tie-Breaker Rule if More Than One Person Claims the Credit Based on the Same Qualifying Child

If only one of you is the child's parent, the parent will receive the credit for that child.
If both of you are the child's parents and you do not file a joint return together:
The parent with whom the child lived the longest period of time during the year will receive the credit for the child.
If the child lived with both parents the same amount of time, the parent with the highest adjusted gross income will receive the credit for the child.


http://www.jacksonhewitt.com/Resource-Ce...

All this might be overwritten anyways since the court order states that she is your dependent. You have the right to claim her. Thus the money from claiming her is yours. You do not owe him anything. Tell him if he wants it, he needs a court order. He'll have fun doing that!

Mind you some people do make agreements on who will claim the child without court. That though is only an agreement. Like i can allow my ex to claim his child, although i would have first rights to them. Then allow him to pay me so much out of it. The only reason to do this is if he has a higher income that will result in more money for both.

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