GRRRRR TAXES!

[Happily Ever After]

Bio Mom has claimed one of our exemtions and our taxes are being rejected!  Anyone with advice?  

[Kitty C.]

Call your local IRS office and stay on the line till you talk to a human being.  Yes, it IS possible.  Tell them what's going on and that you have court documents to back it up.  They will tell you what you can and cannot do.

[Happily Ever After]

I can sit on hold eternally ... I have letters to write and bills to pay.  

[Kitty C.]

This same thing happened to us, only in reverse.  DH was allowed to take the deduction for SS, as long as he was current on his CS the previous year.  PBFH got her panties in a wad and kept claiming he wasn't current.  But we had already filed. I've been doing it on line with Turbo Tax for about 3-4 years and it's EASY!  

Apparently PBFh still managed to get her taxes filed and claim the deduction, too.  That next Christmas, we both received letters from the IRS, stating that the same SSN (SS's) had been used on our return and someone else's (not hard to figure out whose).  I got nervous and contacted the nearest IRS office, finally talked to a nice lady, who told me that as long as WE knew we had filed correctly, we didn't have to do a thing.  Now, it takes a LONG time for the IRS to catch up with 'offenders', but they eventually will, then there's just that much more interest and penalties applied.

But since you are trying to claim 'rightfully' and the PBFH has already filed and claimed what you are legally entitled to, I still suggest you talk to the IRS.  If you are filing on line, that may be your problem, cuz it will kick it back.  Maybe if you file it on paper and send it in, you can still claim, letting the IRS work out who filed wrong later.  I know that's what our PBFH did, because I filed ours the end of Jan. that year and she was still bitching about DH supposedly being delinquent as of April.  And I know she uses the tax service in our town, since they don't own a computer and she wouldn't know how to file it even if they did.

[I cry_ in_the_dark]

Who has physical custody?

[Happily Ever After]

We have full custody of two and are court awarded tax exemptions of them both.

We share placement of two, one of which we are court awarded tax exemption of.

[I cry_ in_the_dark]

The two that you have full custody of are legally your exemptions.

That leaves me to assume that she claimed the two that are shared. Is it 50/50?

In my situation, my X received primary custody in mid-November.  Prior to that, it was 50/50. Because of that one month, he technically had our son more than 50% of the time, and therefore was entitled to the deduction. My tax preparer advised me that if I attempted to claim my son and found to be wrong in my claim, I would lose the right to file EIC for 3 years (which I wanted to do, because that was part of my CS agreement and my X paid less because I got the deduction).

So, depending on the true custody, it depends. There is a form that must be signed by the CP to allow the NCP to claim the deduction. For the life of me, I cannot find the site that explains this. When I find it, I will post it for you.

[I cry_ in_the_dark]

I hope it works!

http://www.irs.gov/pub/irs-pdf/p504.pdf

Go to page 8 of this document. The info you need starts there.

[Happily Ever After]

The Order specifically states:

"Commencing January 1, 2003, Respondent (DH) shall be entitled to claim the parties' three eldest children as dependency exemptions; Petitioner (PBFH) shall be entitled to claim (sd6's name) as a dependent and exemption."

[I cry_ in_the_dark]

You really should read pages 8,9, 10 of this link. I don't know what pertains to you.

[KAT]

Our bio did the same. She didn't take custody of SD (almost 18 now!! whoohoooo!!!!!) until Sept. but it didn't stop her from *allowing* her boyfriend to take her. They filed first, thought they would be SLICK, paid the extra money to get rapid refund. But I got the one up from the boyfriends mother (who HATES the ex & did the taxes for them. Said the bio told the bf that DH said it was OKAY...YEAH, RIGHT!!). Long story short, we sent in a copy of the court order showing the date that she took custody and they went after the boyfriend for the money. TAAADAAAAA Them that has the proof, wins!!!! And you have COURT ORDER. So send in a copy, certified of course!! (it took about 6 weeks for them to investigate. I think that's the amount of time they give the other party to respond. What does she have? NUTTIN!!!!)
These women slay me!
KAT

[kiddosmom]

Feel lucky, my sd is going to be 2 in march, i get to deal with pb crap for another 16 years!
eewww

[nosonew]

She just happened to do it prior to going to court for 110 charges of contempt, so we just added this and subpoena'd her tax guy.  He testified she did not tell him that she wasn't entitled to child every year, he believed she got the exemption every year.  Needless to say, her atty contacted IRS, she had to pay back money, and a fine.  The judge did not like this at all.  

Remember, for NEVER MARRIED parents, if there is NO court order, it is the cp who gets the deduction unless the ncp can prove thru receipts that he/she provided over 50% of the financial responsibility.  

Good luck!-  Sounds like you have a winner with your court order!