Ask TaxMama, Who Gets The Child Revisited, Page 3, in this October 6, 2000, Volume 2, Issue #83, IRS forms, tax questions, advocate, bottom line, penalty, grandchildren, CP2000, cutting deals with IRS, injured spouse ,tax author, Gray Davis, ADA, enrolled agent, 1099s, old tax returns, missing returns, dividends, interest income, depreciation, office in home, parents, credit, child care, capital, capitalize, W-2, mutual fund,

Ask TaxMama
Tax Information With a Mother's Touch
Published by Eva Rosenberg, EA, aka TaxMama

Who Gets the Child? ... Page 3

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	Who Gets The Child?
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TaxMama:

Hi Suzanne,

I am looking forward to her response.

I fear that your response may prompt this person to try to claim a dependent that is already claimed on someone else's return

This part is ok. I win those every month.

(rightfully).

Now this ... this is why people with conflict need someone like us. To avoid getting it wrong in the first place.

I just threw in the child tax credit issue for good measure.

Actually, I kind of liked that. <g>

Thanks.
Eva

Suzanne:

Dear Eva:

Here is the response from my professor, Dr. Megaard, Eastern Washington University. She is an attorney, and tax is her area of specialty within accounting.

Please pardon my 'student error', as I was under the impression that the divorce decree is enough for the IRS. Legally though, a taxpayer needs to make sure that they have a good 'leg to stand on' since the other parent can pursue the matter in court.

In discussion with Dr. Megaard, it is very possible for the court--if the judge chooses to do so--to order someone to complete the form to meet the requirements of the divorce decree (if the other party pursues this avenue) & a taxpayer may wish to consider this before defying the divorce decree.

Thank you for this interesting dialogue. It has helped me understand the intricacies of dealing with dependent issues.

Take care & good luck finishing up the 10/15 final crunch returns.

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Updated October 6, 2000

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