EIC Credit and crazy BM
I posted this in another forum and haven't really gotten an answer so I figured I would try the general forum.
Per the divorce decree, BM gets to claim both kids on her taxes every year but the EIC credit goes to FDH. They have 50/50 parenting time but FDH has majority custody of both kids(51% versus BM's 49%), which is also stated in the divorce decree.
Last year BM wanted the EIC credit so FDH and her came to an agreement that he would claim one of the kids and she would claim the other and also get the EIC credit. (FDH makes to much money to qualify for the EIC credit.) This year FDH was trying to do the same thing but crazo is being a b!tch yet again and won't allow it this year.
She sent him and email stating that she can claim the EIC credit, even though FDH has majority custody and it's stated in the decree that he gets it, because if he can't claim the credit that leaves it open for her to be able to claim it.
Is this correct? I know that the IRS told FDH's mother that BM can do this, but there is a court order stating that the credit goes to FDH. And it's also my understanding that since FDH has majority custody even though the parenting time is 50/50 BM is not eligable for the EIC credit.
If both of you file and claim
If both of you file and claim it, it will trigger them to send out paperwork for a dispute resolution/explaination. Dh just has to attach the divorce decree and mail it back. It will delay your refund, but he will get the credit and not her. If she pulls it again it will be concidered tax fraud. She can only plead ignorance.once.
We actually did this. It
We actually did this. It didn't delay our refund at all. They didn't notice it until several months after we filed our taxes. They just sent us (both Bm and DH) a letter, and we sent back our proof. Then Bm was sent a bill }:)
i already suggested this on
i already suggested this on her other post it is aparently not what she wants to hear...
WWW.IRS.GOV if you cant find
WWW.IRS.GOV
if you cant find the answer there is a number on there and call them that is the only way you are going to figure this out yourself.
Thanks Jadedprincess.
Thanks Jadedprincess.
And it's not that you didn't
And it's not that you didn't give me the answer that I wanted. She is claiming that she has spoken to an attorney as well her tax guy and that she can do this without FDH's approval. I think she is just blwoing smoke up his a$$ so that's why I posted it today.
If you guys can't claim it
If you guys can't claim it because DH makes too much, then I guess she could try. The IRS wouldn't have two separate parties trying to claim the credit so they probably wouldn't catch on unless you provided them with the information regarding the court order and the fact that you have the kids 51% of the time. I'd just let her know that if she wants to play games and won't exchange with you, you'll be sure to write a separate letter to the IRS providing this information. The penalties and interest when they decide you've been fradulent are pretty excessive.
If you get any emails or correspondence from her saying that she is going to do this even though you've warned her about the court order, keep them for the IRS.
I spoke with both the IRS and
I spoke with both the IRS and a lawyer yesterday and the lawyer stated the EIC credit is FDH's by virtue of the decree. She cannot legally use the it without FDH's consent. If she does it will be upto FDH to file theft or contempt of court charges. I kinda like the theft option because the amount she would get back would be greater than $500.00 dollars so that makes it a felony. }:)
The IRS lady I spoke with stated that if there is a court ordered document in place that stated that the EIC is property of FDH's that all we have to do is fill out a form and send them the decree and they will do an investigation to determine whether or not the ex is legally able to claim it.