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MrsWilliams
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Reged: 12/24/07
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Loc: Mississippi
My Daughter Father is Trying To Claim Taxes!
      #335894 - 12/24/07 01:29 PM

Hi, I need some advice... My daughter's father just started paying child support to me. I filed for child support in 2000. He recently told me that he was trying to get his license for massage therapy but he cant because he owes over $5000 in back child support (In which he do).. He told me that the judge told him that he can file his daughter on his taxes. My husband works and he didn't tell the judge that I was married.. I also live in the state or Mississippi. My husband and I plan on filing all of our kids jointly, but we really didn't want to do that until this happened with him calling me telling me he can. I told him that he couldn't...but he telling me he can.....What do I need to do. He claims that he will be filing on the 27th of this month. Can you file that early also?

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #335898 - 12/24/07 01:32 PM

Does he have a court order allowing him to file the child as an exemption?

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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #335899 - 12/24/07 01:38 PM

No.. not that I know of...he called me first and asked me if he could file her and I told him NO.. When i told him that my husband and I will be filing her jointly... In which I didn't want to do that... He said, well I don't care about him...he said,"MY LAWYER" said that I should file and her the judge gave me her information. He said I'm filing her and you want stop me....

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #335908 - 12/24/07 02:03 PM

I guess I don't understand. YOur husband cannot claim her as stated many times, bio parents trump step parents. But if you file jointly then you are really claiming her as your dependent.

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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #335917 - 12/24/07 02:11 PM

let me ask you this way, can my husband claim her (Head of Household)...My ex boyfriend(My daughters father) is trying to claim her. He asked me at first if he could...I told him NO.... the he told me...a judge gave him my daughter's s.s number and told him to file her.....So in order to get things right... Can my hubby claim her head of household or would we have to file joint to get ex off my back...He just started this recently when they started taking child support from his checks...

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Avaya
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #335921 - 12/24/07 02:15 PM

When a bio parent files with his/her spouse, that is not trumping the other bio parent. NCP dad cannot claim a child that lives with CP mom and her husband if mom and her husband are going to file a joint tax return and claim the child. A bioparent doesn't trump a stepparent who is filing with the other bio parent.

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Avaya]
      #335922 - 12/24/07 02:16 PM

Quote:

When a bio parent files with his/her spouse, that is not trumping the other bio parent. NCP dad cannot claim a child that lives with CP mom and her husband if mom and her husband are going to file a joint tax return and claim the child. A bioparent doesn't trump a stepparent who is filing with the other bio parent.




Isn't that what I said? If they file jointly she can file the exemption?

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Avaya
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #335923 - 12/24/07 02:18 PM

If you are married to (duh) and living with your husband, he cannot file Head of Household. He must file "Married filing Jointly" (with you) or "Married filing Separately". If MFJ, he will be filing with you (even if you had no income, or no taxable income) and 'both of you' would be claiming your child. If he files MFS, he cannot claim your child, you will have to claim her on your return.

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Avaya
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #335924 - 12/24/07 02:19 PM

Why in the world would your husband NOT want to file with you to get that deduction?

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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Avaya]
      #335935 - 12/24/07 02:34 PM

We will be filing joint....but we listened to a lot of other people and they say that once you file joint....you are stuck that way...we want to do things right...so we decided that is what we will do.... One other question....when can a person actually file taxes (the first day)...Ex claims that he can file taxes on the 27th of this month....Is he just bluffing...If he do... and the we try to file and get blocked out because he used her....What will happen ???

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #335939 - 12/24/07 02:38 PM

It is based on his pay. All he has to do is calculate his taxes off of his pay stubs, that is easy enough to do and there are plenty of places that let people file early. I know in our case, my husband's ex filed at a refrigerator repair place that "does taxes" out of the back of it by Jan. 15th. They paid her, her tax return in cash. Sounds shady to me.

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Avaya]
      #335940 - 12/24/07 02:38 PM

Quote:

Why in the world would your husband NOT want to file with you to get that deduction?




I was confused about that too.

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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #335943 - 12/24/07 02:45 PM

Thank you ladies. I do appreciate your quick and accurate responses. I will be filing joint because its the right thing to do....

To be honest, its not that we didnt want to file jointly its that he owes a student loan.... I'm sure that it would get taken out of tax return but that's what go along with the package when you get married.....

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #335946 - 12/24/07 02:48 PM

No, you can file injured spouse. Your portion of the return should be protected. Look up injured spouse in the IRS web site.

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #335952 - 12/24/07 02:55 PM

Even if your ex does claim her, still claim her when you file your taxes. your ex and yourself will have to prove who deserves the deduction to the IRS. If you are the CP, 99% of the time you will get the deduction

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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #335954 - 12/24/07 02:55 PM

Okay I will look it up....I've also looked up a NCP parent filing a child......It says that he wouldnt be able to get earn income tax credit for filing her anyway... Is that true....Do you know?

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #335955 - 12/24/07 02:56 PM

Quote:

Okay I will look it up....I've also looked up a NCP parent filing a child......It says that he wouldnt be able to get earn income tax credit for filing her anyway... Is that true....Do you know?




I have no idea about EIC as I don't think I have ever gotten it.

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Avaya
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #336061 - 12/25/07 12:05 AM

Your decision on how to file is decided from year to year. If you file jointly this year, that does not mean you have to next year. Please don't rely upon the advice of laymen - seek a reputable CPA if you have questions or check out IRS.gov.

You cannot file until after January 1, 2008 for the tax year 2007. And because of AMT decision delay's, returns will not be processed until past mid February. However, I've heard of some places that will do 'advances' based upon your last pay stub. Basically you're paying out the wazoo to get the money early and some people are willing to do that. Honestly, H&R is HORRIBLE about this - they will charge way more than a reputable CPA and STILL do it wrong. I have fixed more returns that they've done, gotten people more money back and then when I see what they paid to have their taxes prepared wrong - just to get THEIR OWN MONEY back from the government, I'm just heartsick over it. Seriously, folks, if you are one of these people who need the money THAT bad, then just consider changing your withholdings! Get your money back throughout the year rather than letting the IRS borrow it - interest free - so that you have to PAY to get a 'loan' at the beginning of the year to get your own money back. Seriously, think about it.

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Tweeby
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Avaya]
      #336144 - 12/25/07 02:45 PM

Avaya, it is the PERSON who is preparing the return not the place. I worked for H&R Block and I corrected many returns that CPA's did wrong.

EVERYONE should be able to do their own tax returns, majority are not that difficult. If you want someone else to prepare them then you should understand the basics and what you can and can't claim.

I knew many prepares when I worked for H&H block that should NOT of been preparing returns, they didn't know the much of the basics. I LOVE to prepare returns and I know how they should look (not the actual amounts). I remember there was one lady I did a return for and I took a lot of time because her return didn't 'look' the way I thought. I kept going over and over the return and I finally found where I checked yes instead of no for a question at the very beginning. Once I corrected the answer than her return came out the way I expected it to. The sad thing is that many preparers don't know what should fall where on the form and if they make a similar (common) mistake to what I did they wouldn't catch it.

I had to redo my brother's returns and go back and do an amended return for the last couple of years. He went to a CPA and they had him paying taxes on the CS that his wife received. I about HIT my brother, I could only correct the last 3 years and the CPA did his taxes for 5 years. The CPA didn't ask if iut was CS or alimony just put the amount down as alimony. So it is the preparer not where they work.


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Avaya
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Tweeby]
      #336151 - 12/25/07 04:53 PM

I said to use a 'reputable' CPA. Yes, there are many CPA's who's work isn't worth the paper their license is printed on. Everyone who doesn't do their own needs to use a professional who knows what they're doing. In our office, a partner reviews the work of every accountant before the final product goes out the door. It doesn't sound like H&R does it that way - the preparer actually files the return sounds like. And besides that, it's about work ethic. Some people have it and some don't.

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DECNJ
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Avaya]
      #338411 - 12/31/07 09:23 AM

MrsWilliams - don't worry about your ex-husband's tax filing. Claim your child as your dependent (on you joint tax return) and you should be fine. You may receive an IRS notice because they may recognize two people claiming a deduction for the same person (which they track by Social Security number). If you get a letter, you can respond with a copy of your divorce decree (which should state that you are the primary custodial parent) and a letter from you stating that you pay more than 50% of your childs' expenses and the child stays with you more than 50% of the time.

If you need more info, visit my website, www.FreedomTaxPlanning.com

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www.DECNJ.org - Education for Divorcing Women


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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: DECNJ]
      #338801 - 01/01/08 03:44 PM

Another problem...My hubby worked for a company where he can't get taxes because he was paid in cash and the other company he can file he only made $500 working for them. So if we don't file taxes this year. Can the non custodial parent still file without my permission? He has filed her as of today...He emailed me and told me. He did file her when she was younger (we were together then). I'm pretty sure that the whole income tax check will come to me but for future references how will I be able to stop him. Or how can I now. If custodial parents(trumph)... Will I get something in the mail or anything....

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Goodmom
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #338850 - 01/01/08 05:15 PM

Quote:

Another problem...My hubby worked for a company where he can't get taxes because he was paid in cash and the other company he can file he only made $500 working for them. So if we don't file taxes this year. Can the non custodial parent still file without my permission? He has filed her as of today...He emailed me and told me. He did file her when she was younger (we were together then). I'm pretty sure that the whole income tax check will come to me but for future references how will I be able to stop him. Or how can I now. If custodial parents(trumph)... Will I get something in the mail or anything....




If you don't have to file taxes, then what is the problem with him claiming the kids? If he is in arrears, it can only benefit you as they will seize any refund he gets.


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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Goodmom]
      #338853 - 01/01/08 05:19 PM

well...I was looking a future references....I don't support him at all with what he is doing. He is a male stripper and he is in school for massage therapy put two and two together on that. Then he doesnt take care of his daughter ...he doesnt call her often nor does he send her anything on her birthday... What if he files..get out of debt with CS and file her again without my permssion and make money off of her...Then what.

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Goodmom
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #338864 - 01/01/08 05:36 PM

Quote:

well...I was looking a future references....I don't support him at all with what he is doing. He is a male stripper and he is in school for massage therapy put two and two together on that. Then he doesnt take care of his daughter ...he doesnt call her often nor does he send her anything on her birthday... What if he files..get out of debt with CS and file her again without my permssion and make money off of her...Then what.




Well, as long as you are the cp and have the child for the most overnights, you get the exemption. If he files without a signed form 8332, then the IRS will probably tell him to refile. It will take you longer to get any refund due you, but in the end you should be the one who ends up with the exemption per the IRS regulations.

FYI, I have friends who are massage therapists. It's a legitimate occupation and doesn't make them prostitutes or gigilos.

As for being a stripper, not what I would do, but it IS a legitimate job. The IRS won't care if you approve of what he does for a living or not. They are going to go by what their regulations say.


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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Goodmom]
      #338868 - 01/01/08 05:42 PM

I understand that... There is a lady who is on this site all the time, she says that Custodial Parents trumph I just wanted to know.... If he does file her will he ever get the refund for himself..and when I mentioned what he does...I am referring to me knowing him and know what advantage he would take of that profession. But that isn't really the point here...The point is will he be able to receive EIC for filing our daughter who doesn't live with him nor does he take care of if it wasn't for CS....

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Edited by MrsWilliams (01/01/08 05:43 PM)


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Goodmom
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #338869 - 01/01/08 05:45 PM

Quote:

I understand that... There is a lady who is on this site all the time, she says that Custodial Parents trumph I just wanted to know.... If he does file her will he ever get the refund for himself..and when I mentioned what he does...I am referring to me knowing him and know what advantage he would take of that profession. But that isn't really the point here...The point is will he be able to receive EIC for filing our daughter who doesn't live with him nor does he take care of if it wasn't for CS....




The EIC is different from the exemption. And to get that, the child has to live with you most of the time. In other words, only a custodial parent gets the EIC.


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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Goodmom]
      #338876 - 01/01/08 05:57 PM

I just feel like I'm not getting my situation answered....It maybe me.....lol...Don't take this personally....

Say for instance, he doesn't owe child support and payments come in regularly and on time and tax time pops around. He decides he wants to file her without my permission. What will happen?

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Goodmom
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #338890 - 01/01/08 06:40 PM

Quote:

I just feel like I'm not getting my situation answered....It maybe me.....lol...Don't take this personally....

Say for instance, he doesn't owe child support and payments come in regularly and on time and tax time pops around. He decides he wants to file her without my permission. What will happen?




If no one else claims her, then the IRS probably won't do anything about it.

Now, if they have two people claiming her, they are going to go with the custodial parent (which I believe I mentioned earlier). Will they throw him in jail? No, what they will do is have him refile without the exemption and may impose penalties and interest on him.


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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Goodmom]
      #338892 - 01/01/08 06:45 PM

OK...Thank You GoodMom

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Avaya
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #338902 - 01/01/08 07:41 PM

If he claims her (not files her) and you are the custodial parent who supported her more than 50% and she spent more overnights with you than with him during the year, you are the parent who is entitled to claim your daughter. However, you can't prevent him from claiming her. What you must do is file your tax return and claim her as well. You will have to mail your return in because it will be rejected if he has already filed and claimed her (there is an immediate match-up of social security numbers). Once you have filed, both of you will receive letters from the IRS explaining that the child has been claimed by someone else and you will be asked to provide evidence that you are the rightful parent to claim the child. Once the IRS is satisfied, then the rightful parent will be given the exemption. What they are likely to do is (if he's already filed and received his refund before you file) recalculate your return and send you the refund you are due without her being claimed as a dependent (or bill you if the adjustment shows a balance due rather than a refund).

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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Avaya]
      #339015 - 01/02/08 04:51 AM

Ok Thanks Avaya

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #339077 - 01/02/08 09:53 AM

Quote:

I understand that... There is a lady who is on this site all the time, she says that Custodial Parents trumph I just wanted to know.... If he does file her will he ever get the refund for himself..and when I mentioned what he does...I am referring to me knowing him and know what advantage he would take of that profession. But that isn't really the point here...The point is will he be able to receive EIC for filing our daughter who doesn't live with him nor does he take care of if it wasn't for CS....




I don't think you have read that the custodial parent always trumps the non custodial, but rather the bio parent who trumps a biological stranger (step parent).

Some court orders allow for people to alternate years for claiming the children on the tax exemptions.

If you are not going to file taxes, for whatever reason, then there is really no way to stop him from claiming your child. Why would you want to do that anyway? Not to mention that getting paid under the table and not paying taxes is illegal. I'd be more worried about that, rather than if your ex claims your child this year.

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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #339101 - 01/02/08 10:40 AM

>>>>>Not to mention that getting paid under the table and not paying taxes is illegal. I'd be more worried about that, rather than if your ex claims your child this year.<<<

FYI: I'm not going to put most of my business out on the table but I'm going to tell you one thing though. My husband works hard and he made a lot of messed up decision when he was younger. So until you are in his shoes...you shouldn't speak on what you don't really know about. If anything, what you said should be directed towards the person he was working for but my husband has to do what he does to support our family. It's not like he is selling drug or something like that. My husband has done more for my child than her own father.

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Miranda
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Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #339166 - 01/02/08 12:16 PM

No one mentioned anything about selling drugs. Don't go off the deep end here...I speak from experience as my husband was "busted" in the same situation while in college and it took him about 7 years to get the issue resolved with the IRS including penalities.

And don't try to blame the employer, everyone in this country knows that one has to pay taxes. It's the American way...

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Avaya
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #339178 - 01/02/08 12:26 PM

Yeah, she did go a little 'whacko' there. I suspect that MrsWilliams is either not American or not literate because her posts are very difficult to read and follow.

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MrsWilliams
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Avaya]
      #339182 - 01/02/08 12:31 PM

That was wrong to say.. I haven't insulted anyone on this board.. I am American..And my posts are in regards to different situations....

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The grass isn't always greener on the other side!


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Miranda
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Reged: 06/02/05
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Avaya]
      #339348 - 01/02/08 05:24 PM

Quote:

Yeah, she did go a little 'whacko' there. I suspect that MrsWilliams is either not American or not literate because her posts are very difficult to read and follow.




LOL...

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13.1...because I am only half crazy!


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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
Re: My Daughter Father is Trying To Claim Taxes! [Re: MrsWilliams]
      #339349 - 01/02/08 05:27 PM

Okay I have a theory now...your husband works under the table because he has defaulted on his student loans and does not want to pay up. You do not plan to file taxes because the return would be snatched by the government. So you just plan to NOT file taxes, but then not allow your child's father to claim the exemption also? Is that about right?

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13.1...because I am only half crazy!


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Avaya
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Reged: 02/09/06
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Re: My Daughter Father is Trying To Claim Taxes! [Re: Miranda]
      #339401 - 01/02/08 06:47 PM

I would LOVE to see a parent bring the other parent to court saying "I don't want him to claim our child." "No your honor, I don't plan to claim the child for that year either, I just don't want HIM to." Yeah, I bet that would work.....

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Eternity is too long to be wrong.


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