How to find someone’s AGI?
Posted by admin on Dec 27, 2009
So, my ex and I are divorced and have joint custody. We alternate custody on a weekly basis and the division of time that our boys spend with each of us is about equal. I, however, have paid ALL of the health care expenses this year although it was in our custody agreement that we were to BOTH carry the insurance/debts. It is not stated in our divorce decree who is allowed to take the deductions and, to date, we have been claiming one child each. According to the IRS publications, it does not appear that my responsibility for the financial burden will have any bearing on my being able to claim both boys on my taxes and the the parent who is allowed to claim them is the one with the highest adjusted gross income (AGI.) ???? Just want to make sure I’m understanding this correctly . . . if so, how do I go about obtaining his AGI so that I don’t make a huge mistake by filing and then owing the IRS?
And, no, we don’t talk, otherwise, I’d just ask him.
General rule: The parent who has possession of the body the most time gets the exemption. The other parent has the burden of proof. The divorce decree means nothing. IRS doesn’t care about it because it doesn’t prove what actually happens.
How about you marry someone you actually like and not go break up.
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Go to the courts where you filed for custody. They should have forms you can get to request his AGI. As for claiming the boys, you should be able to get that in the divorce decree also. I live in AZ, and there is an option on when each parent claims the child if at all. I am sort of in the same situation, I pay almost for everything even though he is suppose to pay half. You just need to modify your custody/support agreement and ask for these things specifically.
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About equal? You need to calculate the exact # of nights with each parent to determine who is the custodial parent for tax purposes. If you have one more night than the other parent, you are considered the custodial parent for that child and can claim for all tax benefits. If the ex has one more night with the children than you, then you are NOT the custodial parent and need an 8332 signed by the ex to claim the child for some tax benefits.
Only if the # of days is exactly equal does the AGI determination come into play. The IRS wont’ release the info, and they won’t even know it until he files anywas, so the best thing to do is to contact the ex if this information is truly needed.
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HRB Tax Pro.
You can’t find out his AGI except by asking him.
You might be better off continuing to claim one child each, since you split the time with them equally.
In the absence of a court order, the first tiebreaker is who they spend more time with (even one more night); next is the parent with the higher AGI. And you’re right, the amount of money each of you spends to support them doesn’t even enter into who can claim them.
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General rule: The parent who has possession of the body the most time gets the exemption. The other parent has the burden of proof. The divorce decree means nothing. IRS doesn’t care about it because it doesn’t prove what actually happens.
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You cannot get his agi. It is all his income minus adjustments. Only he will know that. Which of you makes more money? I think you should be fair and each continue to claim one. Whoever takes the child deduction and paid for the health costs deducts the health costs if itemizing. If you pay for health care and he takes the deduction no health care benefits can be deducted.
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