Tax question and fasle statement???

[ER]

Soc,

Through our court motion with the ex and I, my attorney reqested my ex's tax returns in regards to child support and a motions to give me back the tax exemption for our child that my first attorney gave without my consent.

I reveiwed them today and found a problem. Ex by our 2004 court order can claim our child as a dependant beginning 2005 and until the child is 18. Now, we both have the same accountant. For 2005 my ex claim our son but also claimed the Earned Income Credit as well Head of Houshold and listed that our son lived with her. I am the residential parent per our court order and my ex gets visitations with EOW only plus 8 weeks in the summer on/off between us.

I called the accontant for clariafication. She knew this and explained to my ex that she could claim our son as a dependant but she could not get the EIC because our son lives with me. Ex yelled and got confrontational. Accountant knew she was lying but to diffuse the situation in her office made ex sign a document stating that she is admitting of our son living with her was true. Got those sent to me.

Questions:

1. What can happen and what can I do along with my attorney in
regards to this false statement and EIC claim to the IRS. (Accountant told me that an audit will take place more than likey now when I file for 2005 taxes)

 Ex claims son lives with her because of shared-parenting plan and her attorney said to go and file it.

2. How is it determined where the child truly lives if ex does not want to follow parenting plan?

I know he lives with me,  but if we go by the exact days to our court order does that determine where the child truly resides?

Our case of residency - simple math - a typical month with 31 days. Son lives with me 25 days/nights - mother 6 days/nights.

If we go by visitation - son lives with me 25 days/nights - mother 6 days/nights but gets 4 hours visitations of 7 days as well but no nights for a total of 13 days but only 6 nights.

3. Can visitations count as a true day with living with the non-resident parent.  I think my ex is using her visitations days as saying my son lives with her those days.

4. What if anything will a judge do or look at this?

Thanks

[socrateaser]

>Questions:
>
>1. What can happen and what can I do along with my attorney in
>regards to this false statement and EIC claim to the IRS.
>(Accountant told me that an audit will take place more than
>likey now when I file for 2005 taxes)

When you receive the audit letter, you send a copy of your orders showing that you have the bulk of custody, and then it will be up to the other parent to rebut your proof. If he can't, then the IRS will take the EIC away and penalize him.

Don't make this a bigger deal than it is.

>2. How is it determined where the child truly lives if ex does
>not want to follow parenting plan?

See above.

>3. Can visitations count as a true day with living with the
>non-resident parent.  I think my ex is using her visitations
>days as saying my son lives with her those days.

Courts generally give a day of custody to the parent in whose home the child sleeps during that day. The IRS would use the same system, but it will never get that far. The bureaucrates will just look at the court orders and whoever is awarded the majority of custody/parenting will get the nod.

>4. What if anything will a judge do or look at this?

There will be no judge, unless one of you objects to the IRS final ruling and demands a tax court appearance. It will all be handled by an auditor who gets paid $40K a year and has no clue about family law. He/she will just read your orders and decide based on who is awarded the majority of parenting/custody.

[ER]

>>Questions:
>>
>>1. What can happen and what can I do along with my attorney
>in
>>regards to this false statement and EIC claim to the IRS.
>>(Accountant told me that an audit will take place more than
>>likey now when I file for 2005 taxes)
>
>When you receive the audit letter, you send a copy of your
>orders showing that you have the bulk of custody, and then it
>will be up to the other parent to rebut your proof. If he
>can't, then the IRS will take the EIC away and penalize him.
>
>Don't make this a bigger deal than it is.

Soc, this year I have to file an extension so it will be a bit before I file, but the accountant gave my attorney a copy of the signed statement my son's mother claimed that he was living with her in 2005 as well as the tax returns. This was how I discovered the claim.

That was what I was wondering if could be shown in court during our hearing for CS and taxes?

>
>>3. Can visitations count as a true day with living with the
>>non-resident parent.  I think my ex is using her visitations
>>days as saying my son lives with her those days.
>
>Courts generally give a day of custody to the parent in whose
>home the child sleeps during that day. The IRS would use the
>same system, but it will never get that far. The bureaucrates
>will just look at the court orders and whoever is awarded the
>majority of custody/parenting will get the nod.


By the court order, it states I am the residential parent, period with the mother having parenting time/vistiations..

Thanks

[InTheMiddle]

Try and think ahead.

If your X-wife makes considerably less than you do, then your 18 year old child will qualify for more grants, loans, and scholarships.

I'm not saying what she did was right.  She was sneaky about it, but my X and I have an understanding---do what is best for the child.

Hope that helps.

[ER]

I agree and that would be fine but my ex does make more than I do and she refuses to discuss anything unless she gets the final say so..

That is why we are in court again and again...My income and business has basically been spent on lawyers protecting our son and fighting a rich father that gives her the funds to continue so I have no guarantees I will be able to fight much longer as I may have to sell my business just to pay the attorneys. It is the old slow death of bleeding me finacially till I have no more, then they will take our son away from me.

I have seen her refunds when we were together. I let her take the whole claim including her own child as well. Rather than put the money in an account for the kids, she blew it on credit cards and what "she" wanted. It has not changed. In fact, my ex pays CS and I save as much of it as I can for my son's future. In fact, I still have just close to a 1years's CS payments!