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IRS Release Exemption Form

Started by NWMom, Dec 02, 2004, 02:05:54 PM

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NWMom

Hi Soc,

Well today I got the release form sent back to me (8332) My Ex Husband
signed part I which releases for current year only. In fact he signed his name and then wrote "Only 2004"

In Part II which is for future years he refused to sign it and instead scratched out "All Future Years" and writes; "YOU SHOULD BE ASHAMED"
and in the signature field writes "NO"

Now our court order does state: "Mother shall claim all three of the children as deductions each and every year"

Also since I did not hear from him in the time allowed in my letter I have already moved onto mailing the letter and form again certified as you suggested and I also wanted to make dang sure that he could not claim ignorance on the court order... I have already sent the court order to be served to him by a process server.

So here is the questions:

1)  Since he is so difficult to deal with should I continue to have the form filled out correctly? So that I don't have to fight with him every year?

2) Do I now have enough proof that he is disobeying?

3) Should I file for contempt immediately rather then waiting for him to comply with the rest of the form?

4) Is he not in contempt anymore because he signed for the current year? But he does indicate that he does not plan to allow any other years.

Thanks Soc!


socrateaser

>1)  Since he is so difficult to deal with should I continue to
>have the form filled out correctly? So that I don't have to
>fight with him every year?

I would. FYI - if there's ever a support mod, the court can modify this and give him the right to the exemption.

>
>2) Do I now have enough proof that he is disobeying?

Yep. The order says every year, and his 8332, signed under penalty of perjury says, "No," for years beyond this one. That's pretty clear and convincing evidence of a violation of the court order.

>
>3) Should I file for contempt immediately rather then waiting
>for him to comply with the rest of the form?

It's up to you. Your real complaint, I believe, is that he has failed to give you the exemption for tax years already passed. If you don't have what you need, yet, then contempt would be a good idea. If you do have what you need, because he has not signed for past years (and he could have), then you can still get a contempt order and force him to either sign, or pay you back for the lost taxes.

>4) Is he not in contempt anymore because he signed for the
>current year? But he does indicate that he does not plan to
>allow any other years.

Like I just said, I don't know, because I don't know if there are prior years for which he has failed to sign.

NWMom

Hi Soc,

I was amazed myself that he would put in writing "No" and also say that I should be ashamed of myself!

However as previously posted the past is the past and I can't go after him for any previous years, because his mother took the exemptions.
I have already accepted that fact and have moved on. My only concern is future now.  

I think that if I write him another letter stating what he signed is proof enough for contempt that it might push him into signing the form properly. Perhaps we can point out the problems he created for himself =)

He should be getting served any day now and my second letter that went certified should also be arriving shortly.  


1)So since your last letter seem to do so well can we try again and this time state that I want the "Future Years" signed too?

2) And that his Mother is not to take the exemptions? I will have troubles keeping it business like and not go off on him about what he should be ashamed of.

3) Just because they all live with his mother does that give her the right to take the kids as exemptions even with a court order and IRS form signed by him?

Thanks Soc!

socrateaser

I think, maybe you're missing it, or I'm not communicating. For past years, as long as they are not more than three years past, you can file an amended tax return (1040X) for every year that he signs the form.

And, his mother will just have to suck eggs, if you do that, because if the IRS matches her return to the kid's SS#, she'll get an audit letter.

So, your contempt motion should be for every year that he has failed to sign the form, unless the contempt is barred by some limitation statute (don't ask me, I don't know, and I have no research time at the moment).

As for future years, since he has refused to sign and you are entitled, then you can get a contempt order for that too, but that will just result in an order to sign the form, because you haven't actually been harmed by his action, yet.