In the beginning the judge ordered us to split the kids, he takes one and I take the other. But since I got full custody I have been claiming both of them. Is there a tax law that says who ever has them more gets to claim them?
answered on Apr 29, 2021
Yes there is: if you provide the majority of support over the year, you may claim them. That can be modified by court order (e.g. the judgment of divorce).
Best thing to do would be to file a motion with the court to address this. You could be right in the eyes of the IRS but in violation... View More 
I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... View More
answered on Apr 5, 2021
You can try to record an Affidavit of Suspected Fraud related to the property with the Register of Deeds. It would put anyone who was interested in the property on notice that you have no relationship to the home. Additionally, if you have a credit report, notify the credit reporting agencies that... View More
I'm worried he's going to get all of their stimulus money plus the child tax credit that will soon to come out every month he owes at least 5,000 in back child support all three of our children live with me full time I'm worried that he's going to be getting all of their money... View More
answered on Mar 17, 2021
Is there a child support order? If so, you may need to address some of this with the friend of the court. You may also need to make a motion in court about the stimulus money and to make clear who can claim the children for taxes.
Divorce decree states: "Plaintiff shall claim the minor children as dependents for income tax deduction and child credit on any and all city, state and federal income taxes. The defendant will be allowed to "buy" the exemptions from the Plaintiff if he will benefit from the... View More
answered on Feb 23, 2021
You're unlikely to find an answer to your question here, but if you contact your divorce lawyer you might get an answer. You might also contact a tax lawyer to make sure you're not running afoul of tax regs.
He has joint custody and they live with us half the time and I pay for half of their expenses.
answered on Feb 15, 2021
No. Your boyfriend may have the legal obligation to support them, but until you are married, you cannot file a joint return, and so cannot claim them as dependents.
The funds would be coming out of my personal bank account as an automatic payment each month. Would it be considered a gift and limited to $15,000 a year?
answered on Feb 10, 2021
You'll want to consult with a CPA or tax attorney about the particulars, but my thought is that the mortgage tax deduction would still go to the person or persons who are obligated to pay under the terms of the mortgage (e.g. your relative); it doesn't matter who actually pays it. And... View More
She is offering to pay our downpayment on the house. She will live in the house with us and share living expenses. We are ok with her being listed on the mortgage and/or title to the house. Since basically this arrangement is just us going in together on a house that we will all be living in, this... View More
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answered on Jan 29, 2021
You are wise to avoid letting your mother’s investment be characterized as a gift. There is more than one way to do this is this and they each have pros and cons and they each require some rather precise math to make sure there is no gift component. One method is the purchase of a life estate and... View More
time for another company in the State of Michigan, and I live in Michigan year round. I taught it 100% remotely over online tools. What taxes in PA am I responsible for?
answered on Jan 21, 2021
You should discuss with a CPA or other tax professional, and you may want to consult with a similarly qualified person in PA.
My chapter 13 In Michigan tax refund portion is silent. Will I get a refund? If so how much am I an entitled to keep if this is silent. I really wouldn’t mind them keeping it if it paid my case off faster but this pandemic has put me out of work and I need all of my refund or pretty close to it.... View More
answered on Jan 9, 2021
Your Plan (whether before confirmation or thereafter) can be modified.
Your Plan commonly identifies the source of your funds, current and in the future, that will be used to make payments to the Plan, and routinely, that source is your current and future earnings.
It is at least... View More
The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... View More
answered on Jan 7, 2021
You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... View More
I recently won my disability case. They are paying me for the last four or so years back pay of benefits. I meet all the requirements then and now to be someone's dependent because of that. Can that person claiming me amend previous year taxes for the benefit of being a dependent?
answered on Nov 30, 2020
In order to determine whether a taxpayer is able to amend prior year returns to claim deductions related to provisions made on behalf of a disabled individual, a qualified tax professional should be consulted to consider the numerous factors at play. A tax professional must review the complete set... View More
Trust was made in 2006. My father passed in 2017 and my mother is still alive. I understand that the house is now owned by the trust. But after my mother passes and I put the house in my name will the taxes on the house go up or will I pay the rate at which my parents were paying.
Not... View More
answered on Nov 16, 2020
Assuming you are the beneficiary or contingent beneficiary of the trust taxes will not necessarily be uncapped.
Beginning in 2015, a distribution of residential real property from a trust to a distributee who is settlor or the settlor’s son or daughter, (among other relations) AND if... View More
She died with no will, hence probate court. She had no kids and her husband died 4 years before her, she has no siblings.
We are in Michigan. Everything was sold and put into "Estate of" bank account. When this is closed, which is in next couple weeks, do we pay taxes on the money... View More
answered on Oct 21, 2020
Probably not, but without a FULL understanding of things it is impossible to say FOR SURE.
There may be an estate tax return required, or maybe not,
There may be capital gains taxes due, or maybe not.
It is unlikely that YOU will be charged taxes, but if things 'pass... View More
answered on Aug 31, 2020
Q2. now, I didn't get any tax free when I do purchase from Walmart, how can I set up my account to get tax free?
Would there be any way at all to find out who claimed me as a dependent? I only ask because this has prevented me from receiving the previous Stimulus Check, and the second one soon to come. I have suspicion it might be my mother, I asked, but she said no, but I wouldn't want to file for... View More
answered on Jul 13, 2020
It sounds like the first thing you should do is contact your mother to ask. Whomever claimed you would need your social security number.
he decided to sell said property to my half brother no taxes have been paid I don't even think my father has the title I have lived in my uncles house with my wife for 3 months anyway I can fight this and stay and own my uncles property
answered on Jun 20, 2020
If your father had title and made a completed gift to you, then you owned the property and your father cannot take it back. However, was there any paper work; any deed signed by your father? You have raised a lot of issues with your question. As a matter of law, you may own the property, but you... View More
This was written back it 2017, it was withheld from me by my mother until just recently without my knowledge. I am unsure of what to do with this going forward, any advice would be greatly appreciated.
answered on May 14, 2020
That doesn't make sense, the 1099-Q is a reporting form for a 529 or Coverdell ESA.
Was it completely blank or did it have an institution's contact information in the upper left corner? This would be a bank or other financial institution.
Distributions can be taxable if... View More
She has 3 surviving children. Should we cash or send back to treasury.
answered on May 4, 2020
The CARES act does not address this situation and neither has the IRS. The current professional consensus is that where the individual passed in 2019 the estate is allowed to keep the amounts and distribute the funds.
There is not currently a function to return the funds. We don't... View More
Husband and wife separated in September, but filed taxes together. Their tax refund (and now stimulus payments) go into his bank account. They have 3 children, living with mom. Mom is on disability and is struggling financially, but the dad will not share the tax or stimulus money with her. What... View More
answered on Apr 30, 2020
Yes.
BY designating one spouses bank account for direct deposit and signing the return you have agreed that the funds will be deposited into that account. Once deposited the IRS has no further say in the use or allocation of the funds.
State property law will be used to determine... View More
All i wanted was to get medical insurance and to do the right thing. Now, im lost and out of answers.
answered on Apr 29, 2020
Not receiving a 1099 does not stop you from reporting your income. You're still required to report it and pay tax. File a return for the income and then wait until your state's healthcare marketplace has open enrollment. Fill out the application for the premium tax credit and get a... View More
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