My brother was never legally married. Now they are split up for about three years. They have a verbal agreement to claim the two kids every other year. He pays the daycare bill. She received all the stimulus payments this year. She claimed the kids when it wasn’t her turn. Now, these new tax credits and daycare stimulus payments will be coming out, and she is sure to get them. How can he go about trying to receive these since he is the one who pays for daycare? One child lives with him as of this year. The younger child will be living with him once he can make sure he is getting this promotion. If she receives the payments, she should use that to pay for daycare but refuses. The older child lives with him because “she just can’t deal with him.” The younger child doesn’t want to live with her but is not of age to choose yet.
Help a mama out and respond anonymously on our forum. How can my brother go about getting the child tax credit payments?
It’s based on who claims the child for taxes
Should of gone to court, go now…
It goes to whoever claimed the child or children on their taxes
Daycare expenses don’t matter in the eyes of the court. It’s about who claims them on taxes. This should be set in a custody agreement. If she filed out of her turn, he can contest her filing.
Gotta go to court or claim them on taxes before she does
If they have no written agreement unfortunately there is nothing that he can do. Until the child is actually residing with him for six or more months out the year. Paying daycare doesn’t make you eligible for stimulus payments.
The only thing he can do is go to court. More than likely nothing will happen with what she has already received so he might as well not dwell on it.
This is why who the child lives with is supposed to claim child. Idk why family court even allows this.
I personally would go to someone who does taxes. They will help navigate submitting proof of daycare costs and the one child living with you to get the tax credits for the 1 child. As for getting tax credit for the other there needs to be some sort of proof to verify with the irs that you claim every other year. Whether this be a text message or something.
Whoever claimed the child for 2020 gets the tax credit. His daycare payments don’t count for anything. Hes screwed
Their is a daycare credit ? Never heard of that one
If he is claiming the kids this coming tax year he would claim the child credit and she would have to pay it back at tax time. There might be some type of verification involved because 2 people would be claiming the same thing. It matters who is claiming the child on their taxes not who pays for this or that.
He has to contact the IRS and submit court order. Contest her file.
Why would she be claiming any taxes if the kids live with him? But there is always 2 sides to story. But if he can prove the kids live with him more than 6 months he should file them on his taxes.
If there isn’t a court agreement in place whoever the child resides with will get it. You need to go get it in writing by a judge. Otherwise the IRS could totally go back and audit you for every year you claimed the child who wasn’t living with you. If the child was living with you and you claimed them and the other parent claimed them as well you will both be audited.
You have to get a court order
If she claimed the kids when it wasn’t her year, he can file his taxes amended and show proof that the oldest lives w him. The child has to have lived with the party claiming him/her 6 months or more out of the filing year. This should have been addressed in court during custody/ child support hearings.
The stimulus is based on who filed the taxes with the children on them. If she filed she will get it regardless. My ex and I agreed that he would claim her one year and I the next and he got the first round bc I had not filed with her on my taxes yet and I got the second round bc I claimed her before the next one came out. Even if he claims the kids the 2021 year he will not get anything she already got or will get this year. He will only get for 2022 after they are filed under his taxes if there is anything next year. That’s my experience. He got screwed and that’s messed up
The child tax credit is actually an advance on next years taxes. So, if next year is his year to claim the kids he’ll get the money and she’ll owe it back.
The parent who the child lives with claims them on taxes, and they get stimulus checks. Day care bills mean nothing.
Go to the irs portal
Verbal agreements are as good as the person that made agreement. The payments will go to the last person that claimed the child. He could request that she files an opt-out so he can still get the deduction.
If suggest he talk to a CPA.
If he knows the info he can stop payments from the online portal
If he is in Ontario, he can ask a community professional to write a support letter stating the dates his child has lived with him. He should be receiving tax receipts from the daycare for payments he has made.
There is some form… A girl I know got replacement stimulus, 2 of them actually, and the other person also received the payments in the first place but I know for a fact my girl told me she got hers, much after the fact of course though. Try going to a CPA or something, I’m really not sure but she got her help through legal aid attorneys
Is there anything in writing? He can take her to court or even call an attorney
So I actually found out that it doesn’t matter who pays daycare expenses. The person who claims them gets to claim that too because the state actually looks at it as a form of child support so it goes back to the person who claims them. So they should also be switching that on and off. We found this out this past year when I didn’t file for childcare but my sons father was going too and because I get to claim our son I should have claimed the childcare as well.
Also she can opt out of the payments for the early credit which is what they are recommending people do who switch on and off since she wouldn’t technically earn it anyway
Why can’t they each claim 1 child?
Go to court and make her pay it alllll back
Where I live the court system will be unable to do anything in regards to government payments they cannot force her to hand over the money all you can do is call the CRA and inform them of what’s going on they will stop her payments and she will also have to pay back the CRA and you will receive a payment for what your entitled to based off of there calculations
Verbal agreements are worth the paper they aren’t printed on. He needs a family law attorney.
Call the irs. Huge pain but they can stop the payments. He should have a tax code that allows him to do it. If not and he’s the primary- have him get one for each kid. It last their whole life and it protects someone from claiming them when they shouldn’t.
From what I saw on the IRS website, he just needs to claim them first on his taxes, and she will have to pay all that money back, and he will get the remaining refund. (not sure if he gets the amount she got though)
Even though it sucks, he just has to wait it out and file ASAP.
According to the IRS, the person that had them 51% of the year gets to claim them.
Better get a real lawyer
Get a lawyer and go to court is the only way!
Typical egg donor all they care about is the money
If he has them he should claim. Keep receipts and records. She will be stuck when they audit her
He needs a court order. Also I know alot of parents who were split and both got to claim the stimulus checks for the child.
Whoever provides more than 50% of the year claims them unless there is a court order. My ex tried this and had to pay back quite a bit. He also pays child support and half of medical and all sports.
Not much he can do now, but for the future… go to court to get it all legally handled and documented.
So if someone claimed a child this yr without permissiin will they get the rest of the stimulous or r they still going of 2020 taxes
Nothing he can do. Literally. Whoever claims kids first will get the credit. I would just tell him to claim the child that resides with him on taxes every year and forget the court order.
Court is the only option and make sure they know that the one has lived with him for x amount of time
Without a legal document she has to agree to it.
I’d say let her have it, then claim the kids this next year and she will end up having to pay back taxes.
I suggest that as soon as he gets the kids, and not a moment before then, he needs to file for custody and primary. Keep it quiet, bide the time, then just do it once he has the kids and has established residency for them.
If it’s his turn to claim them when he files taxes for this year, he will be paid out the credit and she will have to repay all of it back to the IRS
A verbal agreement means nothing unfortunately.
Lawyer and contact irs
Credit goes to the parent that has the most overnights or child most of the time. When he files next year, he’ll claim he didn’t get the credit and he should receive all of it and she will have to repay it. Be prepared to prove the child was living with you. Also, he pays daycare and pays child support or just daycare? If just the daycare he’s still obligated to pay regardless of the credit. Need to go to court and get it down on paper to be able to do anything legally
Court. But if one child has been living there sense last year and lived there over 6 months she cant file that child
You have to have everything court ordered. I’ve been through a similar situation. At least in my state that’s how it works.
Go to court. Keep documentation. Otherwise it’s all hearsay and they go with the mother, unless you can prove anything.
Verbal agreements don’t really mean shit to the court in most cases.
That’s why it’s important to have had a court signed document for all this as cool as things have been for the first few years … things change . & that’s why these court signed documents always come in handy.
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Only a court order can fix this. He should have never been okay with a verbal agreement. Sorry this happened to him.
Nothing. Next time get it in writing.
Well he can claim the one child in his taxes with proof of residency… and if she accepts those payment, she has to pay that back. But if she has resedential custody of the other child, she can get those payments. It was all done verbally, which is a huge mistake because of situations like this. So verbally really can’t help with anything. Court, court, court. If he has the one child, he can file for custody of the other and if she can’t handle the one kid, a judge might let him take the other. But verbal agreement… Means nothing. Daycare payments are best done in court along with child support.
Oh and TELL HIM TO GET A PIN NUMBER FROM THE IRS FOR THE CHILD THAT LIVES WITH HIM. SHE WONT BE ABLE TO CLAIM THAT CHILD COME TAX SEASON WITHOUT A PIN NUMBER
It goes to whoever has the kids more… if she does, then it should be hers.
It makes me cringe when people would rather do " verbal agreements" than going to court for a legal custody. The courts are there for a reason. Making ng situations so complicated. Only advice. Go to court. You will get no where with " she said he said"
Only thing he can do is go to court
Help a mama out and respond anonymously on our forum. How can my brother go about getting the child tax credit payments?
Unfortunately take it to court or call the IRS. But will probably have to go to court over it
There is a portal opening up later this year where he can enter in their info to receive the payments but if she didn’t opt out and is already receiving them then more than likely he will have to go to court.
Without a court order there is nothing he can do. I also want to ask, is childcare the ONLY thing he is paying for? Because if so, most courts wont grant him the ability to claim the kids at all. Most courts require weekly/biweekly/monthly child support payments before they will allow a child to be claimed when their residency is not with you.
I am sorry but there’s way more to the story. Just because he pays for the daycare bill doesn’t mean he’s entitled to the child tax credit? And even if they switch every other year to claim the child it doesn’t matter. If he pays her child support and he is late even by one day on one payment during the year he is allowed to claim them then she is legally allowed to claim those kids during that year. And if she has the child more than 50% of the time she can file a petition to the IRS to claim the child on his years. Sorry but you’re out of luck. She’s going to get those payments.
Nothing he can do with just a verbal agreement unfortunately.
And a verbal agreement means absolutely nothing. Go to court and get a parenting plan.
Verbal or even written agreements between two parents are not enforceable by the courts. As long as both parents are on a birth certificate , they both have the exact same rights - regardless of any agreement between the two of them.
It’s very possible that he won’t be able to recover the money he’s current out. However if he wants to make sure it doesn’t happen again, the only way to do that is to file for custody in the courts .
If he claimed them in 2019 or 2020 then he can claim the stimulus on his tax return if he’s already filed he can amend his taxes and claim the past stimulus checks. Both parents were eligible for the stimulus but only one parent can get the CTC payments if both parents get the CTC then the parent who doesn’t claim the children next year will have to pay it back. There is also a tax credit that is supposed to go into affect for next tax time as well for childcare, so if he has been paying for childcare he can claim that as well if he has receipts.
It honestly doesn’t matter what the court order says the IRS has specific requirements in order to claim a child if he doesn’t meet those requirements even if a court order states he supposed to to get the credit it doesn’t matter if he doesn’t meet the requirements we see it all the time
Sounds a lot like the dad should be given custody of them both since the mom doesn’t even want anything to do with her oldest and the younger one doesn’t want to deal with her toxicity
It will go to who ever claimed the children on taxes payments start soon so better hurry if u wanna fix it.
Get everything court ordered so you don’t have to worry about these things
An actual custody case has to happen.
Establish primary physical custody and tax filing.
If there is no court order granting specific custody, it comes down to who physically had the children more time in the year in question. If he had them 183 days or more, he has every right to claim them, but he needs to be able to prove that as well. With no court order, federally it comes down to who had them more during the year.
Court order are all they see. Verbal means nothing.
Stop paying fir day care or any other caee untill she sees the light of day and plays fair
If the older child lives with him he can claim the child and show proof to the IRS like school records. He can claim that child every year and she can not stop it unless it goes to court. For child care you would have to have proof for the IRS that you pay it.
Unfortunately there probably isn’t anything that can be done. My ex husband and I have a court ordered divorce. He claims one of our boys and I claim the other. Therefore we both have received the stimulus thus far. I have a friend who is an accountant and asked him if I claimed them both what would happen. He said more then likely nothing. The IRS has enough going on that they more the likely would not do anything about it. We’ve been divorced for 3.5 years && we just claim one child each. I don’t know if getting documents and stuff like that if the IRS would even look at it
First thing is get a court order. If he does not have an order he can do nothing and pretty much has no rights. In TN unmarried have to go to court to establish paternity and then custody, prior to this being done the MOTHER HAS ALL THE RIGHTS. Trust me she knows that, he stops paying
Daycare she will take him to court and take custody
He not entitled to any tax money until he has them at LEAST 6 months out of the year. Paying a daycare bill doesn’t mean anything. SINCE the kid JUST moved in he is NOT Entitled to anything.
IRS does not care about custody agreements or who gets to claim who every other year. It all comes down to who had the children 183 days out of the year and can prove it. Just went through this this year
A verbal agreement is not a legal agreement and he is not entitled to it
I just went through this and had to prove I was legally allowed to claim my kids, even tho my ex tried to claim them first. If you have a custody agreement that states who the child LIVES with, then they get to claim them unless you give permission to the other parent. (I’ve also been dealing with this for 19 yrs with 2 other kids I have custody of) with my current situation we have 50/50 for now, but I have them 80% of the time. The kids are registered at school with me, so I had to send that as proof, as well as Drs notes showing I was the registered parent and was the one taking them to all their appts. They have alot of “deal breaker” rules. Best thing to do is call the IRS, or even talk to a tax person for help. But if the child lives with him for more then half the year and he provides support, then he’s allowed to claim them
Get a lawyer and get a court ordered custody agreement. Verbal agreements aren’t worth a shit.
If she got the stimulus, she’ll get the child tax credit. The IRS doesn’t give a shit about custody agreements, they only care about who took care of the kids the most and who can prove it
I don’t know how it’s all set up, but there is a website where you can update the payment information on how you can receive the payments for the new child tax credits. I know that I’ve gotten a few notices w all the info on them. I’d at least see if there’s anything you can do through that website. Goodluck!
Yeah unfortunately there’s nothing he can do, so I heard. If she’s the one that got the CTC for year 2020, she’s the one that will get the advanced payments.
BUT ALSO- THIS IS NOT FREE MONEY. This is going to come from her tax return next year, this is 50% of an advance of the CTC credit for year 2021, split into 6 monthly payments. She gets the other half of her CTC whenever she claims that credit again.
It actually comes down to whose address the kids are enrolled in school at. Whose address is the daycare under? The court will make a ruling based on custody with that information
If there is an agreement that can be proven have him claim them through a tax person and have them call s.s.i and red list the numbers so he can claim them.
She can’t claim kids that don’t live with her .
It varies by state but in most you must have a court order to have the claim with the IRS. Happened to me. Dad paid didn’t squat for years and then he claimed them all one year. I had to pay the IRS close to 5k. Best of wishes to you and yours
By the time the IRS figures things out, the kids will be married and giving him grandchildren. Probably not worth the effort…