-is your alternating every other year an agreement that is in writing?
-have you signed the appropriate IRS documents that allow your husband to claim the child this year?
Yes it is in our agreement and I sign a form for the IRS every other year to allow him to claim her.
If you signed the form and it is in your agreement then I don’t think you have much of a leg to stand on.
It may comfort you to know that the economic stimulus is not actually free money. It’s a loan against a new credit on next year’s taxes.
This means that next year, when it’s your turn to claim your daughter, you will have your usual refund plus the new credit, and he will have his usual taxes for the years when he doesn’t claim your daughter, and they will then factor in what his new credit amount would have been had he not received the stimulus package, and subtract from that credit amount what they’ve already paid out in the stimulus.
Essentially, you are not losing money just because he gets the stimulus – you’ll get your credit next year, and he will not.
If he claimed her this year, legally he is entitled to the refunds and is not doing anything wrong by receiving the money.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My ex and I alternate who gets to claim my daughter on taxes each year. I have sole custody of her and she lives with me 365 days a year. Since he claimed her on his taxes this year he will get the $300 stimulus payment for her. I heard that since she does not live with him for at least 6 months of the year, he is not entitled to the money and that I can contact the IRS and have the payment taken from him and rewritten to me. All I have to do is prove she lives with me and not him. Is this true? I am sure I am not the only person who is in this situation and would like to know what to do. Thanks for your help!
Carolinagirl