Child allowance not received for years.
November 14, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Good day,
Since 2000, I have assumed that my ex-husband has our son listed half on his income tax card, just like me. Now we were so estranged that we only had telephone contact now. It turned out that he did not have any and I only had half of the child allowance entered as well. Now my question: Can the child allowance be claimed retroactively for all those years? And if I now have my son listed for 2009, does that apply for the entire year?
I am at a loss, thank you for an answer.
Best regards from Lake Constance, N.D.
Dear seeker,
Thank you for your inquiry!
Taking into consideration the information you provided, I would like to answer the questions you asked as follows:
If you have listed your children in your tax return, the tax allowance will generally be automatically taken into account, so please check again. However, since you have been divorced for a long time, I assume a separate assessment is in place.
Therefore, the usual procedure is that if both parents are obligated to pay child support, which I assume is the case here, each can claim a 0.5 child allowance.
Based on your description, you have done this correctly. If your ex-husband has not done so, then not claiming his 0.5 child allowance is his personal tax disadvantage. This does not affect you fundamentally, as you have already claimed what you were entitled to, namely the 0.5 allowance.
Just because the father of the child has not claimed the 0.5 allowance does not mean you can claim an additional 0.5. From your perspective, I do not see any problem.
I hope my explanations have helped you. Feel free to contact me through the follow-up option on this portal or via my email address.
I would like to remind you that the legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and does not replace a comprehensive evaluation. Adding or omitting relevant information can result in a completely different legal assessment.
I wish you a pleasant Saturday afternoon and a great weekend!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax.0471/57774
