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keltic63
the kilted one
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Joined: 17 May 2002
Posts: 8574
Location: under the weather
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 Posted: 02/08/05 - 12:08 Post subject: I'm gonna say this here
I am so angry today. the thing that has me upset is the fact that the soon-to-be-ex has claimed all 3 of our children on her income tax, which should result in a hefty refund for her. I checked the IRS website only to discover that because the children do not live with me, regardless of custody/joint custody, that she is legally entitled to claim them on her income tax return.
this means that I have paid more than $10,500 in child support to her; she does not have to claim it as income, but I do have to include this amount in my income. How is this fair? I pay child support, and provide additional support for them throughout the year in incidental ways, and yet, I am not entitled to any kind of tax break, just because my children don't live with me. Unbelievable.
and last night she called to ask me for more money 
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RexRacer
Member
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Joined: 17 Aug 2004
Posts: 814
Location: A pancake house of ineffable crappiness
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Posted: 02/08/05 - 14:16 Post subject:
Wow.
I'm really sorry to hear that, Keltic. I will be the first to admit that I know nothing about this particular topic but I am a bit surprised that you get no tax benefits at all. 
If you are still dealing with the attorney who handled the divorce you might try to contact them to see about any remedies or maybe talk with a CPA.
Good luck.
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airehead
Oompa Loofah
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Joined: 12 Nov 2002
Posts: 18788
Location: Between here and eternity...
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Posted: 02/08/05 - 15:00 Post subject:
Man, that sucks.
But, otoh, it is worth any amount of money to get out and stay out of a toxic relationship.
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rolling rock
The Pinball
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Joined: 15 May 2002
Posts: 16218
Location: unknown zone
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Posted: 02/08/05 - 15:27 Post subject:
doesn't it seem logical that you may be able to deduct a portion of the child support payments? really, i think you should be able to deduct all of the child support payment in lieu of claiming them as a dependent.
logical and IRS issues just do not compute.
sorry steve, that does stink. 
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robp
Pyromaniac
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Joined: 26 Jul 2002
Posts: 16242
Location: Waiting in line at the beer store...
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Posted: 02/08/05 - 15:33 Post subject:
| rolling rock wrote: | doesn't it seem logical that you may be able to deduct a portion of the child support payments? really, i think you should be able to deduct all of the child support payment in lieu of claiming them as a dependent.
logical and IRS issues just do not compute.
sorry steve, that does stink. |
It seems logical but I've researched it also and Keltic is correct. Most of my alimony goes towards paying off the house the x is living in and it appears that since it's going towards division of property I am not going to be able to claim that either. This sucks. I do get to claim my son on taxes though because it was written right into the divorce agreement at my insistence. A small victory....
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Gogirlgo
Member
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Joined: 25 Jul 2002
Posts: 4777
Location: No deal, stalker.
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Posted: 02/08/05 - 15:40 Post subject:
Can one deduct alimony?
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keltic63
the kilted one
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Joined: 17 May 2002
Posts: 8574
Location: under the weather
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Posted: 02/08/05 - 15:51 Post subject:
| Gogirlgo wrote: | | Can one deduct alimony? |
spousal support payments are deductible by the person paying them, and are taxable to the spouse who receives them.
my spousal support payment is $12/month. Not much of a deduction there! and not enough of a payment to her that it would make a difference in her tax burden.
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Ms. Jenn
Fresh, Hot & Wild
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Joined: 14 Feb 2004
Posts: 7935
Location: Suite 550
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Posted: 02/08/05 - 18:08 Post subject:
It was in my husband's decree in exchange for child support he got to claim one of his two children on his tax return. Check yours to see if that is stipulated, if not, call your lawyer and get it changed for 2005.
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some runner
Newbie
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Joined: 04 Feb 2005
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Posted: 02/08/05 - 18:25 Post subject:
Why not divide it up each year between you?
ie.
Odd years...you claim child 1, child 2 and let her claim child 3.
Even years...you claim child 3 while she claims the other 2.
That's what I'm doing here and it's fair to both.
Most states will let you set up the provisions how you can do this. That is if both parties are willing to do so. That's the key component to it. Both parties HAVE to be willing to sacrafice things and be fair to one another. Otherwise, one winds up getting the shorter end of the stick.
Just my 
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kristin31
Member
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Joined: 15 May 2002
Posts: 8045
Location: Caught in the crossfire of childhood and stardom
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Posted: 02/08/05 - 21:50 Post subject:
I am sorry. I wish I could help. I do know what it's like.
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bburgoyne26
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Joined: 16 Sep 2003
Posts: 2959
Location: Ft. Worth, Texas
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Posted: 02/08/05 - 21:54 Post subject:
been there.....done that......need some of my blood pressure medicine?
Sorry dude.....divorce sucks for a long time, then you just get used to it.....
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robp
Pyromaniac
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Joined: 26 Jul 2002
Posts: 16242
Location: Waiting in line at the beer store...
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Posted: 02/09/05 - 08:42 Post subject:
| Gogirlgo wrote: | | Can one deduct alimony? |
My alimony consists of paying off her house. It is not deductible.
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copteacher
Adjunct
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Joined: 08 Jun 2002
Posts: 20588
Location: Teaching in the Halls of Justice
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Posted: 02/09/05 - 09:01 Post subject:
Her argument could be that she has the kids for most of the year thus is entitled. What sucks is that she gets the tax break and the child support payments and you get nothing.
How much more money does she want she keeps getting more and more. She gets like 3K back alone from the IRS just for the kids.
goodness woman stop.
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sonnylax
Member
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Joined: 30 Sep 2003
Posts: 2942
Location: Living in a lollipop and unicorn world
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Posted: 02/09/05 - 09:40 Post subject:
Not to go off-topic too far - But all of the reasons presented here is why there should be serious, serious tax reform.
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marathonrnr262
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Posted: 02/09/05 - 09:43 Post subject:
I have no children, but Lucy has 3. The "Animal" as she calls her X had the kids and she had to pay child sup. 12 years with NO tax relief.
Although she could have had the stip in the books to claim some of the kids, the law says that you have to be paying more than (Don't quote me here) 50% of the childs care for the year to claim them. The way we figured it, we didn't even come close.
The law sucks, the rules suck, but they are designed for the KIDS. The law will always side on the child, no matter what the case.
Sheldon
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