Hehe... taxes
I'm excited to see how this one unfolds. BF and I were getting together his tax stuff because we have an appt later today. He asked BM earlier this year who she claimed and she told him SS13 and SS6, leaving BF with SD10. So I said that sounds wrong and looked today parent time/child support papers (which by the way almost all of it was the way SHE wanted things, so you would think she would stick by them). Turns out BF is supposed to get SS6 and BM gets the other two, and that's good because BF has daycare costs to deduct for SS6. So I text BM to find out for sure who she claimed and sure enough it was the two boys, and yes she has already filed. So because miss genius herself didn't read the papers before filing, SS6 will be claimed twice and so she will have to pay back whatever she got from IRS for claiming the wrong skid 
Like i said she wanted it this way, she has to live with it. Oh and she's throwing a hissy fit about having to pay to get SS13's clarinet fixed and BF won't pay for half... BF has paid for almost all year of school lunch for all 3 of them, after school activities, and has not asked BM for a dime, but that's why i told him he's too nice because it doesn't matter how nice he is, or how much responsibility he takes without expecting anything, she always will. Anyway i wonder what happens in a case like this. Never dealt with tax stuff before, this was my first year filing.
- honeybunszer's blog
- Log in or register to post comments
Comments
If two people claim the same
If two people claim the same child they will audit both of you and investigate who has the right to claim the child. So I take it nobody is going to claim SD10? I would clim SD10 this year, make sure she knows you are to claim SS6 next year and add his daycare costs for this year to your tax return next year (I'm pretty sur you can do this) Ask the tax person what to do.
"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"
Doesn't automatically result in an audit
especially if you provide the proof of right to claim the dependents.
But even if an audit occurs, it doesn't have to be so terribly bad.
I've done taxes for years (as extra income) and in my opinion, I wouldn't let this slide.
File the kids your supposed to file for, she's the one that will suffer. Just bring the paperwork to your appt.
Will they still get their
Will they still get their return right away or will it get held up since someone already claimed him?
"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"
He should file a paper return.
And include a copy of the court order saying which children he is allowed to claim. The tax professional will advise him on anything else, but I'd be sure he brings a copy of the legal papers.
Also, don't be looking for the refund anytime soon. The IRS will take months and months to sort it out is my understanding.
If he needs or is looking forward to a refund quickly. He can go ahead and file with the 10 year old and then file an amendment for the rest that's owed to him.
Who is
the non-custodial parent? They will need the custodial parent to sign form 8332....
"The beauty of life is, while we cannot undo what is done, we can see it, understand it, learn from it and change, So that every new moment is spent not in regret, guilt, fear or anger, but in wisdom, understanding, and love." -Jennifer Edwards
Form 8332
is not required when copies of the legal documents are included with the return.
Though, it does make things easier, but do you actually think this woman will sign after she's already filed the dependents she wasn't supposed to? Not hardly. That's why the form and the signatures can be bypassed with the proper documentation.
2010
Starting in 2010 or maybe its 2009, copies of orders will no longer be accepted as proof of the ability to claim a child. I can't find where I read it in a publication earlier this year. I too, do tax prep.
He doesn't get a refund,
He doesn't get a refund, he's self employed so he actually has to pay, but she's stupid cause she says it doesn't matter which kid he claims, but it does because SS6 is the only one in daycare. I don't know what form 8332 but it's legal, on paper, official, set in stone, but she is custodial parent, but we have almost 50/50.
"Everyone is entitled to be stupid, but some abuse the privilege"
Well if there is no refund
Well if there is no refund just do what you're supposed to and let her deal with the mess for screwing it up in the first place!
"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"
Just for the sake of accuracy
From the IRS....and granted- people may get away with filing without the form for a while, but the IRS does require the form
A recent ruling by the United States Tax Court held that a non-custodial parent may be precluded from claiming dependency exemptions, even where they are awarded those exemptions by a court order, if they fail to file a completed Form 8332 with the IRS.
Under the Internal Revenue Code, custodial parents are normally entitled to claim the dependency exemption for their children. One exception to this general rule is where the custodial parent releases the claim to the dependency exemptions for a particular year. Many divorce decrees and child custody settlement agreements provide that the non-custodial parent who pays child support will be allowed to claim these dependency exemptions.
"The beauty of life is, while we cannot undo what is done, we can see it, understand it, learn from it and change, So that every new moment is spent not in regret, guilt, fear or anger, but in wisdom, understanding, and love." -Jennifer Edwards
Actually
We did this last year--the divorce gives DH right to SS in ALL years--we asked her to sign the form to make it easy, of course she had a hissy, we filed copies of the divorce with our return. They say that is an option probably for this type of case. We got child credit too for him.
not sure
If the child lives with you less than a certain % than you are not eligible for the child tax credit or EITC, etc, just the dependency credit.
I think you should inform BM of the oops...
I mean, really, what is the point of causing further conflict?
We're human, we make mistakes. It's not like she vindictively claimed a child that he had the legal right to claim.
The facts is thatDH asked who she claimed and she replied honestly. You researched and figured out that she was incorrect in what she did. If you withhold the information then in essence, YOU are being vindictive.
The mature and seemingly right thing to do would be to fix the mistake. Not purposely try to get her in trouble...that seems silly to me.
"For every ailment under the sun....There is a remedy, or there is none;
If there be one, try to find it; If there be none, never mind it." ~ W.W. Bartley
Oh i most definitely realize that.
And i did tell her what was supposed to happen and like i said, all she said was that it doesn't matter which one he claims. I would like to say i am not vindictive but i can't, and i honestly can't deny that i'm that immature at least in the sense of revenge and what not. I don't find very many opportunities to do so and the fact is that i did my part, i told her that she made a mistake and that we are supposed to claim him, she wants to manipulate the order that she asked for, therefore it's her problem.
"Everyone is entitled to be stupid, but some abuse the privilege"
Check on the daycare thing...
because even if a NCP can claim the dependent deduction, they still cannot claim the daycare deduction. My mom is a CPA and my DH and I have this issue as well. My exH gets to claim one of our kids as a dependent every year since we have 2, but doesn't get to claim anything for daycare. That all goes on mine since I am the CP and both kids are with me the majority of the time. And the same with my DH - he gets to claim SD every other year, but BM always gets to claim the daycare expenses. And it is in the tax law - has nothing to do with how the divorce papers were drawn up.