tammy917
journeyman
Reged: 09/17/07
Posts: 87
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OK, here's the scoop.
Ex and I have been divoced for 4 yrs. In the beginning, I gave him the kids' deductions in exchange, he gave me the difference it would have made in my taxes.
Somewhere along the line, He got me to sign something (yes, a legal binding document) saying he gets the kids' deductions forever and ever.
I realized what a difference it would make in my taxes this year and got pi$$ed. I have the kids 95% of the time, buy all clothes, school expenses and activity fees, why should he get the deductions? A friend told me it doesn't matter to the IRS what is signed... the only question they will ask is "who do the kids spend more time with" and that person gets the deduction.
So I took them all last year. He was well aware of it because I told him I wouldn't sign the... whatever form... to give him the deductions.
It was brought to my attention... not by the IRS... that he also claimed all 3. He makes 100k+ per year.
Do any of you have any experience here? I was told lower courts will not rule on the IRS.
Should I re-file? File a correction or wait for them to contact me? If it matters, I am a W-2 wage earner with income less than 30K per year.
T
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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You are bound by your court order. You are in contempt of your court order. You signed an agreement and now you cannot renege because you have sour grapes. Courts will most definitely rule on who can take the exemption.
My husband's ex wife did the same...ONCE. We got a letter stating SSN's were claimed twice. We faxed in the court order to the IRS and she had to re file and pay penalities.
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13.1...because I am only half crazy!
Edited by Miranda (09/01/08 09:57 PM)
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tammy917
journeyman
Reged: 09/17/07
Posts: 87
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I was afraid of that.
Question for you. Do you have your kids more than half the time? Or does/ did it simply not matter?
I haven't gotten a letter yet... I have a feeling it's coming. Not looking forward to this, giving up my stimulus check and all.
Ugh
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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You have to go by your court order period. If you do not like it, then you have to take it back to court and modify it.
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13.1...because I am only half crazy!
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tammy917
journeyman
Reged: 09/17/07
Posts: 87
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Can I do that without paying my incompetent lawyer? I have been told I can write REVOKE on a Form 8332 and mailed it with a return receipt, but I'm not so sure about that since I didn't sign one to get into this mess.
Help?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Quote:
Can I do that without paying my incompetent lawyer? I have been told I can write REVOKE on a Form 8332 and mailed it with a return receipt, but I'm not so sure about that since I didn't sign one to get into this mess.
Help?
Have you called the IRS and asked?
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13.1...because I am only half crazy!
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tammy917
journeyman
Reged: 09/17/07
Posts: 87
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Gee, I guess I never thought about calling them ... thought it may raise a red flag and hasten an audit. I have an appt with a real tax preparer on Thursday. Many questions. Namely, if I do will I still get HOH, Child care credit and EIC? If not, I'm gonna be eating mac n cheese for the next year!
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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Quote:
OK, here's the scoop.
Ex and I have been divoced for 4 yrs. In the beginning, I gave him the kids' deductions in exchange, he gave me the difference it would have made in my taxes.
Somewhere along the line, He got me to sign something (yes, a legal binding document) saying he gets the kids' deductions forever and ever.
I realized what a difference it would make in my taxes this year and got pi$$ed. I have the kids 95% of the time, buy all clothes, school expenses and activity fees, why should he get the deductions? A friend told me it doesn't matter to the IRS what is signed... the only question they will ask is "who do the kids spend more time with" and that person gets the deduction.
So I took them all last year. He was well aware of it because I told him I wouldn't sign the... whatever form... to give him the deductions.
It was brought to my attention... not by the IRS... that he also claimed all 3. He makes 100k+ per year.
Do any of you have any experience here? I was told lower courts will not rule on the IRS.
Should I re-file? File a correction or wait for them to contact me? If it matters, I am a W-2 wage earner with income less than 30K per year.
T
You agreed to "forever and ever" and thats how long he will get them as deductions. It was made up somewhere else in your settlement
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KSFather
newbie
Reged: 10/08/08
Posts: 45
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The jerk changed her name again.
When will you start posting so as not to be banned, jerk?
This is a known serial poster.
The PIG is even using our vernacular.
How cute.
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christine1
addict
Reged: 04/21/08
Posts: 439
Loc: Ma
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The IRS just changed the regulations on this speak to your accountant!
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