Claiming Kids

[Black Bart]

Taking the fall

That is my point exactly. And sometimes I tell my clients to go back to their attorney and ask him/her why they advised them to agree to something that is totally against the tax code.

I won't take the fall for bad advice from divorce attorneys.

Lots of times you don't have a choice in the matter. When they go back to the lawyer and tell him what you said; he'll pronounce you (pick one or more) inept/uninformed/incompetent/behind-the-times/a timid worry-wart. Then he'll file the return claiming everybody and, nine times out ten, it'll sail right on through the pipeline without a hitch.

If and when you run across taxpayers a couple of years later (the lawyer still doing the returns), they'll tell you about the big refund they got with no problems -- the unspoken implication being, if you really knew tax law, IRS would've turned it down flat.

"You're taking the fall, sister." -- Humphrey Bogart -- The Maltese Falcon

[RLymanC]

The EIC Issue

One thing that pops up as a nightmare in this scenario is the non-custodial parent that is given the right to claim the child as a dependent in the divorce degree knows nothing about the residency requirements when it come to the EIC.

I have found that at least 8 out of 10 times the non-custodial parent claims the child lives with him/her for a period of 7 months. There goes the EIC for the custodial parent. It will take the IRS 2 years to straighten out this mess.

This whole mess is so easy to fix with a form 8332. The judges should require the custodial parent to furnish form 8332 if the decree states that the non-custodial parent has the right to claim the child.