Amending taxes?
Hello everyone! My mother is supposed to claim me while my "Father" is supposed to claim my sister. Well for the 2006 year my mom claimed my sister because she said she doesn't think my dad should get to because he hasn't see us in years and barely pays any child support..i'm conversation 33 dollars a month if were lucky. Anyway, she claimed my sister for 2006, he took her to court, she amended her taxes. This year she claimed my sister again. AND AGAIN my father is taking her to court. She is wondering should she just amend her taxes again? She desires to get own lawyer because my dads a deadbeat. He doesn't foot his child support like the court papers say or earnings for my medical/dentist bills like he has to. The solitary think he sees surrounded by his divorce papers are he gets to claim my sister. My mom is afraid she's going to go to put in prison or something. Should she just amend or go to court? Thanks.
Oh..and my mother is supposed to be getting my dads toll checks because he's 40,000 behind.
Answers: Claiming a dependent and paying child support are 2 separate and distinct issues. They are not related. In fact, for a regulation that awards your father the exemptions to be honored by the IRS, the decree must NOT tie the exemption to payment of child support or any other contingency.
Your father isn't taking your mother to court over the exemptions. The IRS resolves those claims outside of the courtroom and no State peacemaker can order the IRS to go in some way on this.
If the decree gives your father the exemptions and meet the strict stipulations in Federal law later your mother has no basis for claiming your sister. She should put aside herself some time and money by just amending the return and dropping the claim. Since it's past the file deadline she will owe penalties and interest on top of the rates due. Those will continue to grow until she pays back the IRS so it's surrounded by her interest to file the amended return ASAP.
Your mother should also wise up to the reality that continuing to claim your sister can put her behind the 8-ball with the IRS. They purloin a dim view of people who repeatedly engineer exemption claims that they're not entitled to and can slap her with other penalties if she continues to do this.
As noted above, the issue on unpaid child support is totally separate from the exemption claim. If your father is a deadbeat dad then she should move about after him for the back child support with a settling of scores. She can have his wages garnished, hold his tax refunds capture, etc. and generally make his energy miserable. However she needs to stop playing games with the IRS; that will come spinal column to haunt her in the back.
If your father has a divorce order or separation direct to claim your sister, then he can do so even if he does not pay child support. If your mom signed away her right to claim you sister within the divorce papers, there is NOTHING she can do.
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Oh..and my mother is supposed to be getting my dads toll checks because he's 40,000 behind.
Answers: Claiming a dependent and paying child support are 2 separate and distinct issues. They are not related. In fact, for a regulation that awards your father the exemptions to be honored by the IRS, the decree must NOT tie the exemption to payment of child support or any other contingency.
Your father isn't taking your mother to court over the exemptions. The IRS resolves those claims outside of the courtroom and no State peacemaker can order the IRS to go in some way on this.
If the decree gives your father the exemptions and meet the strict stipulations in Federal law later your mother has no basis for claiming your sister. She should put aside herself some time and money by just amending the return and dropping the claim. Since it's past the file deadline she will owe penalties and interest on top of the rates due. Those will continue to grow until she pays back the IRS so it's surrounded by her interest to file the amended return ASAP.
Your mother should also wise up to the reality that continuing to claim your sister can put her behind the 8-ball with the IRS. They purloin a dim view of people who repeatedly engineer exemption claims that they're not entitled to and can slap her with other penalties if she continues to do this.
As noted above, the issue on unpaid child support is totally separate from the exemption claim. If your father is a deadbeat dad then she should move about after him for the back child support with a settling of scores. She can have his wages garnished, hold his tax refunds capture, etc. and generally make his energy miserable. However she needs to stop playing games with the IRS; that will come spinal column to haunt her in the back.
If your father has a divorce order or separation direct to claim your sister, then he can do so even if he does not pay child support. If your mom signed away her right to claim you sister within the divorce papers, there is NOTHING she can do.