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Author Topic: EX took child deduction when it was our turn.  (Read 4934 times)

mango

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EX took child deduction when it was our turn.
« on: May 01, 2007, 01:04:13 PM »
We rotate every other year, and in our legal paper work it states father get's even years mother odd. Well for 2006, mother decided to claim the deduction and submitted her taxes before we did.

We e-filed and it bounced back, that XXX social was already claimed. So we had to mail it with a copy of the legal plan stating it was our right for the child deduction. A week later we got our full refund.

But now I wonder, what happens to the ex? Do they notify her? She obviously had submitted her papers early to get the deduction before we did. And I'm sure she already got her check and spent it. Do you suppose they will revoke it or make her pay it back? Anyone had this happen to them?

We just didn't want to stir the bee's nest if  you know what I mean.


Sherry1

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Likely nothing will happen until next year when she files and if
« Reply #1 on: May 01, 2007, 02:07:51 PM »
she gets a refund, then they will take the money out of her refund.  DH's ex did this year after year.  We always got our refund and the IRS I guess got their money back one way or another.

mistoffolees

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RE: EX took child deduction when it was our turn.
« Reply #2 on: May 01, 2007, 02:34:08 PM »
>We rotate every other year, and in our legal paper work it
>states father get's even years mother odd. Well for 2006,
>mother decided to claim the deduction and submitted her taxes
>before we did.
>
>We e-filed and it bounced back, that XXX social was already
>claimed. So we had to mail it with a copy of the legal plan
>stating it was our right for the child deduction. A week later
>we got our full refund.
>
>But now I wonder, what happens to the ex? Do they notify her?
>She obviously had submitted her papers early to get the
>deduction before we did. And I'm sure she already got her
>check and spent it. Do you suppose they will revoke it or make
>her pay it back? Anyone had this happen to them?
>
>We just didn't want to stir the bee's nest if  you know what I
>mean.

In principle, the IRS should catch it.

Two comments:

1. It doesn't really affect you directly, so do you really want to get involved? If ex is cheating, it's not hurting you, so is it worth risking making her angry (and possibly starting another custody/visitation/support war) over the issue?

2. OTOH, if you want to be a PIA, I believe the IRS has a deal where if you turn in someone cheating on their taxes, you get a percentage of the money they collect. You need to have detailed evidence (for example, her social security and the child's social, along with a copy of your divorce agreement).

Only you can say if it's worth stirring up a hornet's nest.

mango

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RE: EX took child deduction when it was our turn.
« Reply #3 on: May 01, 2007, 02:57:50 PM »
Yea, that is what we pondered. Take our deductionor let it go....

But it was $1500 difference in our tax refund, so yes, it did affect us directly.

That is why we sent our legal papers to them after they rejected our deduction the first time.

mango

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RE: Likely nothing will happen until next year when she files and if
« Reply #4 on: May 01, 2007, 03:00:27 PM »
Sherry,

So you never really knew if they bothered to collect or not? My friend told me the same thing, in fact, she thinks they both got the deduction every year because the IRS did nothing about it.


mistoffolees

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RE: EX took child deduction when it was our turn.
« Reply #5 on: May 01, 2007, 03:58:20 PM »
>Yea, that is what we pondered. Take our deductionor let it
>go....
>
>But it was $1500 difference in our tax refund, so yes, it did
>affect us directly.
>
>That is why we sent our legal papers to them after they
>rejected our deduction the first time.

That's not what I meant.

I would absolutely have done what you did - no questions asked. You were completely entitled to the deduction and you would have been foolish to not do what you did.

My point was that AFTER you had done that and gotten your deduction, her attempts to cheat the government didn't affect you. You were out a little time and a little copying expense and that was it.

I was answering the question I THOUGHT you were asking which was whether you should do MORE than that. Sorry if I misunderstood.

Jade

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RE: EX took child deduction when it was our turn.
« Reply #6 on: May 01, 2007, 04:43:29 PM »
>We rotate every other year, and in our legal paper work it
>states father get's even years mother odd. Well for 2006,
>mother decided to claim the deduction and submitted her taxes
>before we did.
>
>We e-filed and it bounced back, that XXX social was already
>claimed. So we had to mail it with a copy of the legal plan
>stating it was our right for the child deduction. A week later
>we got our full refund.
>
>But now I wonder, what happens to the ex? Do they notify her?
>She obviously had submitted her papers early to get the
>deduction before we did. And I'm sure she already got her
>check and spent it. Do you suppose they will revoke it or make
>her pay it back? Anyone had this happen to them?
>
>We just didn't want to stir the bee's nest if  you know what I
>mean.

They will most definitely notify her and they will make her pay it back with interest and a penalty.  



Sunshine1

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RE: EX took child deduction when it was our turn.
« Reply #7 on: May 01, 2007, 10:04:21 PM »
How do you know?  Do you know someone or did it happen to you?

Kitty C.

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Been there, done that............
« Reply #8 on: May 01, 2007, 10:08:39 PM »
This happened a few years back, but we filed first (I do our taxes on line with TurboTax by the first week of Feb.), like usual.  For reasons we couldn't fathom, BM was adamant that DH wasn't current with CS at the end of the year, thus he could not take the deduction.  It took us until almost May to finally convince her DH WAS current (had to get a notarized letter from CSRU for her to believe it).

By that time, we knew she had filed and claimed SS, too.  But we didn't get notification of it until 2 days before Christmas.  Got the same letter, too...........SS's SSN had been used on two different returns.  But the letter also said that if we had filed correctly, we didn't have to respond.  So we didn't.  Then I called a local IRS office, actually talked to a 'human being' and asked what we should do in the coming year.  Quote her:  'He who files first, gets.'  Apparently the IRS will iron it all out later if there's any discrepancies.  She could not tell me what they would or could do to BM, but I am assuming either she had to pay it back or they deducted it from a future return.

I doubt there were any penalties, because I know we would have heard about it, either directly or indirectly from BM.  Funny thing is, she tried to claim DH was late, when CS was being garnished!  Apparently, CSRU calculated receipt when they received it from DH's employer and BM was trying to calculate it when it hit her bank account, LOL!  ..........And we've never had a problem with it since!

I doubt that you will be able to find out what any repercussions will be, unless the BM tells you herself.  But depending on what those repercussions are, you have more assurance that there's less likelihood she'll do it again.  I do strongly recommend that from now on, you file as soon as possible, though.  That way you won't have to worry about what she files and you won't have to wait for the IRS to iron things out if she tries it again.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Jade

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RE: EX took child deduction when it was our turn.
« Reply #9 on: May 01, 2007, 10:58:21 PM »
>How do you know?  Do you know someone or did it happen to
>you?


Do you really think the IRS is going to not go after money that is owed?  Especially when they have the authority to automatically deduct what is owed from the paycheck?  
 

 

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