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Is it worth it?

NachoMama's picture

I asked this in the Legal Forum or whatever but no one answered me so I thought I would give it a try here. BM claims SS every year on taxes because obviously when DH and BM divorced...he didn't have it written up that he could claim him every other year. I know that you can take this issue to court but is it worth the hassle, time and money? I mean it would be worth it for me to see the look on her face if it were ruled in DHs favor! But is it REALLY worth all the trouble???

soverysad's picture

What's the custody situation?

"A pessimist complains about the wind, an optimist counts on the wind changing, a realist adjusts his sails"

There IS a difference between having a different opinion and being an asshole, find it.

Smonster's picture

Yes, I think it would be worth, we get a pretty good tax break the year we get to claim. You would probably get the money back you have to spend in the first year. But it may depend on the custody situation as SVS says above.

NachoMama's picture

We get SS EOW. That's ALL I can handle. Right now we aren't seeing him at all because he hates me and wished death on me so he's not welcome! My mother (who knows everything! HAHA) got her DH to take SSs BM to court for the same thing (years ago) and they won the case. My SB didn't live with us...but I am sure every case is different.

****I can do bad all by myself****

soverysad's picture

I'm guessing you wouldn't win this argument since you only have him EOW. The IRS law is pretty clear that the primary custodian gets to claim unless that custodian waives that right. Even if you have an order form a judge giving you the right to claim, the IRS will disagree unless the custodial parent waives his / her right.

"A pessimist complains about the wind, an optimist counts on the wind changing, a realist adjusts his sails"

There IS a difference between having a different opinion and being an asshole, find it.

NachoMama's picture

I am pretty sure we could fight it and win....it would give us 4 years on our tax returns. And once again...the look on her face when she wouldn't be getting extra party money every other year would be worth every damn dime for a lawyer!!!

****I can do bad all by myself****

stepmom008's picture

I also think it's worth it. BF doesn't get it for whatever reason but that will be renegotiated once Wilda loses it and takes him to court.

"There are two things over which you have complete dominion, authority, and control over - your mind and your mouth".