Sooo, BM has been claiming SD11 on her tax returns, even though A.) She has less than 50% custody and is not the CP, and B.) She works maybe one month out of the year on a good year.

SO has a few years of back taxes due to an employer being a shady scam artist and not reporting income or paying in the money that was taken out of his check for taxes, and all but up and disappearing. We are starting to try to take are of it, and filing paperwork, and he claimed SD on his taxes and BM got a notice that she needs to pay back the money that she got for claiming SD, or fill out paperwork proving that she has a legal right to claim her.

She called SO yesterday, screaming, of course, and demanding that he fix it for her, and claiming that it was in the court paperwork that every other year she is entitled to the money for SD. The sad part is this: she actually believes that is in the paperwork and is going to send it to the IRS, and she has brainwashed SO into agreeing with her that they made that agreement, when in reality there is NOTHING in the divorce decree or otherwise stating ANYTHING about tax credits, so it is my belief that by default, the CP and/or person who has the child for the greater part of the year is entitled to claim the dependent unless decreed otherwise, which is wasn't. I have told SO several times that it was not in his paperwork, and last night made him sit down while I went over every item until we got to the end and he finally believed me that there was nothing about letting her claim SD in the divorce papers. And he was ready to just give in to her yesterday, and concede to her bullshit! All on a lie she made up and got him to believe!

He even talked to her about this before, because we knew she just went ahead and claimed her, and he offered to pay any penalties for her, because we aren't just trying to claim SD to get money that we feel entitled to for having a kid. We just don't feel it's fair for us to be taxed at a higher rate and owe more money when we have a child living here that we pay everything for and have 70% of the time, so we are legally "entitled" to that tax break. She just wants money, and already has 3 other kids at home to claim. We are not trying to take money out of her greedy hands, but I am not going to sit back and let her screw MY household because she thinks that she is entitled to half of everything. How much more generous could we be? We said we would pay back anything she was charged for because it was worth more to us to get the tax break than to pay back whatever pittance she got for a tax credit. And she is going to fight us about it! Go ahead and send the divorce papers to the IRS BM, that saves us the postage. Because you will get absolutely nothing from us now, and probably be charged with tax fraud, or at least owe all the money you scammed from the government for wrongful claim of a dependent.