EX took child deduction when it was our turn.

[mistoffolees]

>>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?  
>

I wouldn't assume that the IRS does what they're supposed to do. Estimates of tax underpayments run in the several hundred bilion dollar range. I've never been all that impressed with my dealings with the IRS.

Yes, they SHOULD collect it and there's a chance that they will, but no guarantees.

[Kitty C.]

IRS collected on a debt from me, but it took them 5 years to do it!  This was many years ago, tho.

Per my post below, we 'know' that the IRS knew BM had screwed up and claimed SS when she shouldn't have.  But as far as we know, there have been no repercussions, except that she may not have gotten the refund she was expecting, or they deducted it from her next year's refund.  I think a lot depends on the amount of the 'discrepancy' and what type it was before the IRS will start adding fines and penalties.  I certainly didn't have any when they collected from me.  

[mango]

I just looked on the internet, and found that the new 06 tax law states "whoever the child lives with for more than half of that year gets it." If split, one day more that half.

But for us we have a written 50/50 plan, but (just recently, October 06) SD has been refusing to come for all the Parenting times, = (BM finally PAS'd her fully). But for most of 2006 we did shared parenting up until October, even paid daycare for summer. So technically she could say she had her more then half...

BUT, our court papers stipulate rotating the deduction each year. Which is what we were abiding by.

I had no idea the law changed, and whether or not it affects "legal decrees" that actually have in writing who gets it which tax year, like ours does. I would think that she waives it by that signature agreeing to the rotation.

I guess she would have to prove she lived in her home one-day more then ours...?

I will stop worrying over it. For now, they DID give it to us, so they must be abiding by the legal paperwork.

[mistoffolees]

>I just looked on the internet, and found that the new 06 tax
>law states "whoever the child lives with for more than half of
>that year gets it." If split, one day more that half.
>
>But for us we have a written 50/50 plan, but (just recently,
>October 06) SD has been refusing to come for all the Parenting
>times, = (BM finally PAS'd her fully). But for most of 2006 we
>did shared parenting up until October, even paid daycare for
>summer. So technically she could say she had her more then
>half...
>
>BUT, our court papers stipulate rotating the deduction each
>year. Which is what we were abiding by.

You still can.

>
>I had no idea the law changed, and whether or not it affects
>"legal decrees" that actually have in writing who gets it
>which tax year, like ours does. I would think that she waives
>it by that signature agreeing to the rotation.

The new IRS ruling does not change any court ordered arrangements.

>
>I guess she would have to prove she lived in her home one-day
>more then ours...?

Yes.

However, there is a tie breaker rule, as well.

If both parents have an equal number of nights and if there is no court order overriding the IRS default, then the parent with the higher gross income gets the deduction.

[KAT]

As long as you have a court order don't worry about it, that's what the IRS will go by.  Another option would have been to file an order to show cause/contempt against her asking for $$ damages & for her to amend her return. Trust me, we went thru this for six years, the seventh year just wasn't worth it so we let it go. I'm counting on Karma to make up for it and it's been working too! :) If you head back to court in the future make sure the judge makes her sign the proper IRS form for ALL the years you will need to claim the deduction (saves making copies of court orders).

Let me share with you a little story on evil. A few years ago our return was kicked out again so we filed a paper return with the court order DH takes stepson. Apparently they send a letter to the other party stating that they have a few weeks to dispute the information that was sent in, if not they will owe $$ plus penalties & interest. I get a call from a totally hysterical crying woman. Apparently in Jan. of the tax year biohag had *sold* the tax deduction for stepson to her for $200.00. Whoops, bad move. When you play with Diablo your bound to get burned & it wasn't something I was going to fix. However I did turn the woman on to some information I had just recently gleaned...bio told her husband the 2,200  per month child support stopped six months previous. I told her to tell the biohag is she didn't pay up with the next support check paid out the 6th of that month that she would tell the hubby about the bold face lie. Yeah, she got paid & biohag was out a few hundred bucks too. Sadly that's probably the only retribution that woman has EVER paid (though hubby did find the check stub in the trash a few weeks later).

KAT

[Sunshine1]

Yes I know that the IRS will do whatever it has to, you sounded like you knew first hand that's why I asked the question geesh...can I have my head back now?

I have a similar situation in where our decree says if BF is behind in CS I get the deduction, well I submitted receipts in October for medical, it was never added to the arrears and the paperwork was stamped by the CS office in December...but my worker (after I called to ask wtf, why hasn't it been added, and this was now February AFTER I filed my taxes and got my return) sent me the paperwork back and told me that the new law for 2007 required me to fill out a different form and that BF had a right to dispute the expenses.

I said that's fine, why 2006 has anything to do with 2007 is beyond me but I jumped through her hoops and also let her know that these exact same expenses were submitted last year and if BF had a dispute of any of the expenses I was prepared for him to file the appropriate motion for anything he did not agree with...outlined in her new 2007 law.  I also sent her a copy of the Contempt motion I won for BF failing to provide insurance cards,  the whole reason for submitting the bills in the first place.

2 weeks later she added the same expenses to his CS that I submitted in 2006.  I claimed DS because I thought he was not current and in the meantime she wrote BF a letter stating he was current to send to the IRS when in fact he wasn't.???

So I was only asking what happens because he is hell bent and ecstatic that I may be in trouble with the IRS.  He claimed DS too and I haven't heard a word from the IRS about it.