Tax question
Now that Dh has the CO that says he and Bm are to take turns claiming Ss every year, what happens if Bm goes ahead and claims Ss and it's not her year?
The court order clearly states that they are to take turns with Dh getting to claim Ss for tax year 2015 and every odd year thereafter and he also has the 8332 form sign by Bm. Knowing Bm, she will probably rush to file next year even if she's not supposed to. Have any of you been in the situation where Bm claims skid/skids even though you have the CO and the IRS forms signed. What happened?
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Mail your return with the CO,
Mail your return with the CO, If it is clearly stated in the CO, then the IRS will make the determination.
I had this issue, except ExH filed first, thinking I'll win. It was written in the CO, I have one kid every year, he has one, the IRS sided with me because I mailed in my return and mailed in a copy of the CO highlighted. ExH had to repay the money he got.
Did you say he HAS the form
Did you say he HAS the form 8332 signed by BM? Does it state specifically which years? If so, he just needs to send in a copy of that. They will deal with BM if she fraudulently claims them.
Yep, he does have the form!
Yep, he does have the form!
Thankfully the lawyer made sure to have Bm sign the form in front of the judge and it clearly staes which years he is to claim Ss. When we file next year, should we send in the CO also? If she files first, which if she claims when she's not supposed to, i'm sure she would because Dh and I wait until April 15 to submit our taxes because we usualy pay, will we get rejected?
Um, if it says he gets to
Um, if it says he gets to claim for "tax year 2015 and all odd years thereafter" then BM is in her rights. You file for tax year 2015 in 2016 (just like you are filing for tax year 2014 this year). Does that make sense?
Yep. The taxes you file
Yep. The taxes you file right now are for tax year 2014 - it's BM's year this year.
I see what you're saying but
I see what you're saying but the way the order is written is for the tax year not the year you actually do your taxes PLUS the 8332 form she signed waiving her right to claim clearly shows that the tax years that she's waiving are for 2015, 2017, 2019, 2021 and 2023.
Right, right, I get that. I
Right, right, I get that.
I think I'm not being clear enough. :O What I mean is, what if she files in 2016 for tax year 2015. kwim?
We have a similar CO. It
We have a similar CO. It hasn't been an issue yet, but our attorney told us to send BM a certified letter in December/ early January "reminding" her that it is our year to claim SD on taxes, including a copy of that section of the CO highlighted. You could also include a copy of the 8332 form. That way she can't claim she "forgot". This and LadyFace's advise to file ASAP and include a copy of the CO in your filing. Pretty much all you can do.
Thank you. I hadn't even
Thank you. I hadn't even thought about sending Bm a cerified letter at the beginning of next year to remind her. I'm def going to advise Dh that he should probably do this just in case.