« on: Sep 11, 2013, 12:04:30 PM »
DCSS and the IRS are two separate entities and one has nothing to do with the other. CS has nothing to do with filing status, only the income of the parents. DH had this issue when he paid CS....she claimed HoH for tax purposes, but DH got to claim SS on his taxes every year, as long as his CS was current.
But I am confused, too.....how can both your ex and current husband claim the children? We had that happen one year, when BM thought that DH was behind as of Dec. 31st. We filed right away, claiming SS, then went round and round with her about it. We even handed her a notarized letter from CSRU stating he was current, but she filed anyway. Just prior to Christmas that same year, we got a letter from the IRS stating that a SSN that was on our return was also used on someone else's, and it was SS's. It included a form and the letter stated that if we'd filed in error, we were to fill it out and send it back, but if we were correct, to disregard the letter. I can only assume BM got the same letter, but we couldn't get BM to tell us what happened.
If your ex is claiming the kids by mutual agreement (and you don't say how many years he's been doing this), then a precedence has been set, especially with the IRS. To change it could possibly raise red flags with them. IMO, whomever claims the children with the IRS needs to be clarified and possibly court-ordered, so there's no question. You certainly don't want the IRS to come back at you down the road!
I know that your original question was regarding CS being calculated via IRS filing status, but that's a non-issue. WHO claims the children, IMO is the bigger issue.