Tax deduction

[reagantrooper]

What recourse do we have if CP refuses to sign IRS form#8332?

Decree says I get the deduction on odd years if support is current as of 12/15 of said odd year. In the past there where some small arears on 12/15 so this issue has not been raised before.

This year support is and will be current on 12/15 but I am almost sure CP will not sign the form.

[MixedBag]

I'd be looking this one up on irs.gov.

If you really need that signature -- I'd also be getting something written as to the fact that you are caught up.

[reagantrooper]

Unfurtunetly I do need her to sign the form because our decree does state a condition that must be net for me to claim said child. IE: being current on support. Here are the relivent instructions for this form. I am thinking I could take her to small claims and demonstrate the amount of my taxes without claiming the child and what the taxes would have been had the CP signed the form like she is sopposed to do and sue her for the difference.



Post-1984 decree or agreement. If the
divorce decree or separation agreement
went into effect after 1984, the
noncustodial parent can attach certain
pages from the decree or agreement
instead of Form 8332. To be able to do
this, the decree or agreement must state
all three of the following.
1. The noncustodial parent can claim
the child as a dependent without regard
to any condition (such as payment of
support).
2. The other parent will not claim the
child as a dependent.
3. The years for which the claim is
released.
The noncustodial parent must attach
all of the following pages from the
decree or agreement.
c Cover page (include the other parent's
SSN on that page).
c The pages that include all of the
information identified in (1) through (3)
above.
c Signature page with the other parent's
signature and date of agreement.

[olanna]

to file first.  It will be up to her to prove it. BTDT.

[mistoffolees]

I don't know the legality, but what I'd do is this:

1. File first. In general, she'd have to prove that you filed falsely.
2. Attach a copy of your divorce decree.
3. Attach copies of your support checks showing that you are paid up.

Technically, that might not meet their requirements, but it's probably the best you can do - and my guess is that it would probably work.

Other than that, you could take her to court to force her to sign. Perhaps the way to do that would be "Your honor, ex won't sign the form allowing me to receive the tax deduction as stated in your order of . Therefore, I'm asking you to change the agreement giving me the deduction every year since she won't cooperate with your previous order". Then ask the judge to award you legal fees.

Again, no guarantees, but my guess is that would get you a signed document. If she has any brains, just threatening to do that should get you a signed document, but of course, that's no guarantee, either.

[Kitty C.]

In DH's order, he can claim SS every year, as long as he's current.  When he accumulated an arrears after being laid off, BM got the CS order transfered to CRSU, so that the CS was automatically deducted from DH's check.  Little did she know that she cut her own throat, because after he got caught up, it guaranteed he would be current every year.

But DH and I have been married for 8 years and we've never had her sign the IRS form.  We have always filed electronically, whether we have had it done professionally or did it ourselves.  No one, including the BM has ever questioned it.  All we ever supplied with the return is a copy of the order.

But if you have an order that specifically states you are to get to claim if you're current, her not signing the form can be considered contempt.  One strong suggestion (coming directly from someone who works for the IRS):  FILE FIRST!!!!  Claim the child(ren) and provide the order to back it up provide the form, filled out with everything and try to get her signature.  If she refuses, file it anyway.  But what I was told directly by the IRS is he who files first, gets....meaning if you have the right to claim dependants, file first and you will get the deductions.  But if she files and claims, even though legally you're entitled to it, it will cost you a lot of time and money to get back what is rightfully yours.  THe IRS won't question the first return with specific dependants, but they will the second if the same SSN's show up on it.

BT, DT..........and for all we know, the BM may still be paying the IRS penalties on it.  She tried to claim that DH was late (after she got his wages garnished and CSRU didn't get the last check into her acct. before the end of the year) and claimed SS in March, when we already had in Jan.  The next Dec., she and DH both got letters from the IRS, questioning why SS's SSN was listed on both their returns.  We knew ours was right because we submitted a copy of the order and never heard another word from the IRS about it.  And BM would never say what they did to her.......