googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Last weekend was tax time , completed and e-filed away . So I check the website to make sure they were accepted , and to my suprise they were REJECTED . Why you ask ? Ex #2 claimed youngest son for the child tax credit & EITC even though our divorce decree CLEARLY states this is my year to claim the little deduction . I don't qualify for the EITC but the extra grand for the child tax credit wouldn't hurt ( I' like to remodel my bathroom in the basement ) .
How should I proceed ?
1. Calmly call the ex and explain this is my year , tell her she can either refile correctly or give up the deduction for the next 2 years .
Yup , no chance in hell . Guaranteed to make her threaten an increase in CS .
I'd then have to either forget about it , or go to court seeking a contempt citation with an order to repay the money or an order to prevent her from claiming him for the next 2 years + court costs .
2. Since she's been a royal bytch this past year and the little guy was with me over 60% of 2011 , be an ass and MAIL in the completed return with proof this is my year for the claim . This , of course , would require her to REPAY what she probably already received .
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Careful. We don't want to learn from this.
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
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I would go with option 2, because she is supposed to be a grown up who can read her own court order. Not your problem. And really the end result (her owing the IRS) is likely the same. The only difference being YOU can confront her or let some faceless bureaucrat do it in a form letter. Unless you REALLY like talking to her - I wouldn't.
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Forgiveness is...letting go of the hope that the past can be changed.
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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Option 2. We did that in the past.
EIC has different criteria than tax dependant. She can claim the child for EIC but not have the child as a dependant for tax purposes. Whoever claims the child for tax dependant gets other credits for that child, like the child tax credit.
Disclaimer: if you qualify by IRS regulations for the credits.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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EIC has different criteria than tax dependant. She can claim the child for EIC but not have the child as a dependant for tax purposes.
>>>>>>>>>> Under the guidelines she should NEVER get the EITC as she doesn't have him at least 6 months/year .
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Careful. We don't want to learn from this.
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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That is why I put in a disclaimer because I can't say whether she qualifies or not. Someone (who qualifies) for EIC can claim the child for EIC but not have that child as a dependant for tax purposes.
File a paper return and send in your proof and let the IRS deal with her on what is on her tax return.
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LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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Option 2.
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annieo
veteran
Reged: 07/07/10
Posts: 1410
Loc: Pacific Northwest
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option 2
We had to do this with my husbands ex and she was pissed because we had an extension at the time and she did not receive her letter until much later and had to pay back - it was clear in the order. She went to court and wanted the judge to give her that year after the fact and every year but the judge just split the deduction and hubby got one and she got one each year - she was really pi$$ed about that but she opened that can of worms.
She didn't work her husband did and my hubby paid cs so to me I thought hubby should get the credits.
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rocketgirl
Carpal \'Tunnel
Reged: 06/24/04
Posts: 8562
Loc: On the beach in 14 years...
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Option #2 for sure.
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Lisa
Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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How should I proceed?
---> Kind of a silly question don't you think when you already know that she won't cooperate with you. File the necessary forms with the IRS and let them go after her.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3154
Loc: SC
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Option 2. "Royal bytchness" doesn't merit special handling in my book.
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Marriage doesn't come with a money-back guarantee.
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