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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18580
Experience:  B.A.; M.B.A.; J.D.
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According to the court order for child support I should be

Customer Question

According to the court order for child support I should be getting tax deduction for our child for 2016.
When I start preparing taxes I realized it is significant amount around $1200. I am a single mom with low income and child with disability and these $$ will be very helpful to me.
My ex has income around 100k. He filed taxes early before me and claimed our son as dependent. He said it is better for him to claim it because he has bigger income. I fell like i lost my opportunity.
Also ex's girlfriend is pregnant and he will have another child in October so I guess he can claim dependent credit for that as well.
Does the court take into consideration that person already has multiple dependents so that they can allow person with one child to claim him every year?
Can I dispute ex's dependent claim and file court child support order with the IRS while I am filing taxes? I also found form 8332 but it seems if i file it, it will apply only to the next year. Thank you!
Submitted: 6 days ago.
Category: Family Law
Expert:  Phillips Esq. replied 6 days ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 6 days ago.

Thank you for requesting for my assistance once more.

Your Question:

Can I dispute ex's dependent claim and file court child support order with the IRS while I am filing taxes?

Response: Yes, you can.

You do not need to file Form 8332 if you not releasing your claim for exemption or revoking the exemption since you did not authorize your ex to claim your child on his tax returns.

If the Child Support Order authorizes you to claim the child, then your ex cannot claim the child simply because he is the one with the higher income and it would be better for him. That does not work that way. You need all the help that you can get. If he has claimed the child when he was not supposed to, if you claim the child also, the IRS would flag your account and send you notice to explain why you are claiming someone already claimed by someone else. Then both you and your ex would have to provide Court Order entitling you to the exemption--you may have to send the Court Order again even if you sent one in with your tax returns because the first one may be misplaced.

Best wishes,

Customer: replied 6 days ago.
Thank you so much.
I wanted to ask about future tax deductions. If ex is going to have another child this year can the court give me child credit until our child is adult? Do they take into consideration that somebody already has child deduction and they don't need 2 and they can share?
Expert:  Phillips Esq. replied 6 days ago.

Thank you so much.
I wanted to ask about future tax deductions. If ex is going to have another child this year can the court give me child credit until our child is adult?

Response 1: It does not work that way. The Court can only base its decision based on your case and not based on what is going on outside of your own case.

Do they take into consideration that somebody already has child deduction and they don't need 2 and they can share?

Response 2: Unfortunately, no.

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