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Author Topic: shared legal cust can I order tax records  (Read 4912 times)

spinner

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shared legal cust can I order tax records
« on: Jan 08, 2007, 01:34:28 PM »
Hi,
with my ex we have shared legal cust of our kid.
we filed separate tax returns.
she claimed our kid.

having shared cust, do I have right to order transcripts of tax records based on the fact that our kid is on there and she claimed him.

http://www.irs.gov/pub/irs-pdf/f4506t.pdf

If I can't, can he?

In Short, he has right to see papers that were filed with his social sec number. But does he have right to order transcripts and or do I have right to do for him as guardian ?


williaer

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RE: shared legal cust can I order tax records
« Reply #1 on: Jan 08, 2007, 08:40:50 PM »
Why do you need them? Honestly- I'm all about privacy and if you want to have it- you have to give it. Is there something you feel like you need to know that those papers are going to answer? If it's financial information, the other party can be compelled by the court to turn them over, if you think there is information that would make a difference in your case.

spinner

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RE: shared legal cust can I order tax records
« Reply #2 on: Jan 08, 2007, 08:45:08 PM »
need them to prove the other party is lieing.
court compeled other party to provide them and other party did however I am 200% they are fake or redone papers

mistoffolees

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RE: shared legal cust can I order tax records
« Reply #3 on: Jan 09, 2007, 09:16:50 AM »
I'd be shocked if you could order a copy of the tax papers. You have no legal right to them.

IRS rules on who can claim the deducation are reasonably clear (at least as clear as IRS rules ever get). If your agreement does not provide that one party claims the deduction, go by IRS rules. If she's breaking the law, leave it to the IRS to catch her (if you're really sure of your position, you could even turn her in as a whistleblower, but that is likely to get you in trouble with respect to doing something that's ultimately harmful for the kids).

You have no right to know if she's lying on her tax returns. Your obligation is to do what's right on your own returns.

I don't believe your kids can order copies of their parents' tax returns, either. The fact that a parent claims a child as a dependent doesn't give the child the right to copies of the returns.

However, I'm not a lawyer, so you might want to ask Socrateaser to make sure. I'd be surprised if his answer is any different, though.

mistoffolees

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RE: shared legal cust can I order tax records
« Reply #4 on: Jan 09, 2007, 09:19:49 AM »
How are you convinced that they're fake? Don't let your anger get the better of you.

You simply have no right to evidence to 'prove' that the other party is lying. If you have any evidence that the forms she gave to the court are false, turn it over to your attorney who will then ask the court to charge her with contempt. Don't get involved yourself.

If you don't have hard, written evidence, I'd let your attorney know, anyway, but then drop it. Unless you have proof, you're stuck. The court is not going to authorize a fishing expedition based on hearsay.

Not to mention that there's the issue of motives. What's your point? I can understand anger and retaliation, but do you think it's in the best interest of your kid(s) for the mother to be thrown into jail?


spinner

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RE: shared legal cust can I order tax records
« Reply #5 on: Jan 09, 2007, 10:49:11 AM »
there is no anger, I don't know why you are talking about anger.

I know that she changed her 1040 and gave the court a "home made one" to avoid paying school for her child.

our child saw the original 1040 however "saw" doesn't help.

Also the goal is not for me to put my ex in contempt but rather for our child to be able to enter the school of his choice.
Again I don't know where you read that I was seeking jail or even contempt or even that I was upset.

I am simply trying to help my kid get into the school he wants


the right to the 1040 is exactly what I am asking here.
Does my kid have right to order a copy of the 1040 of his mother where she claimed him ???

spinner

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RE: shared legal cust can I order tax records
« Reply #6 on: Jan 09, 2007, 10:51:44 AM »
it's not a question of who can claim the kid, she claimed him point
she also didn't lie on her 1040 with IRS, she made another 1040 and gave it to the court as to her income. I am just trying to help my kid prove that the paper she gave is not correct and that she makes considerably more

I am pro se that's why I asked

mistoffolees

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RE: shared legal cust can I order tax records
« Reply #7 on: Jan 09, 2007, 11:11:20 AM »
As I said, there is no way that your kid is going to have the right to get a copy of a parent's tax return. Neither do you.

Even if what your child claims is accurate, how does that show that she didn't file an amended return with the government?

I also can't figure out how in the world a copy of your ex's tax return is going to allow you to change your child's school.

As I said, you need to review the IRS rules on dependents as well as your divorce agreeement (with counsel if necessary) and determine whether you have the legal right to claim your son. If so, anything your ex does is irrelevant. There's absolutely no way it could change the situation with respect to your son's college.

You need to stop, take a breath, and think rationally about this. Your child's schooling has absolutely nothing to do with who claims him as a deduction on their taxes. I can't think of any reason in the world why you'd need a copy of her return other than to stir up trouble.

mistoffolees

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RE: shared legal cust can I order tax records
« Reply #8 on: Jan 09, 2007, 11:15:11 AM »
If you're going to argue something pro se, you need to get your arguments straight and then support them with facts.

First, you said that the issue was who claimed your son as dependent. Now you're saying that you think she makes more than she claimed.

Neither really matters. You don't have a right to her tax return, nor does your son.

If you have evidence that she lied about her income, then you have two options:
a. Present the evidence to the court and ask for her to be cited for contempt.
b. Present the evidence to the court and ask for a change in support

If you have evidence that she lied about claiming your son as a dependent, you also have two options:
a. Present the evidence to the court and ask for her to be cited for contempt
b. Ignore it and file your returns with the correct information and leave it to the IRS to sort it out.

If you don't have factual evidence to support your claim, you're out of luck. I suppose you could hire a private investigator to get a copy of her tax returns, but I'm not sure that this would be successful and might even be illegal.

spinner

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RE: shared legal cust can I order tax records
« Reply #9 on: Jan 09, 2007, 11:27:41 AM »
I do not know if he has the rioght, this is what I asked

I am sorry to say it bluntly like this but you are not getting it.

- I am not trying to change my kid school, he is in age to choose his school. Schools after high school can cost a boat load and income of the parents can help. Our divorce order stipulate that pending our income we agree to help our kid with finance.

- why would I look to see if I can claim my kid> this has nothing to do with the question. I know she claimed him and I am not contesting that she can claim him. Again, I don't understand why you talk about me wanting to claim him. I have no desire to claim him on my tax.

- I never said it has anything to do whith who claims him.
again, you are the one talking about who claims him as an issue, not me

 

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