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#695860 - 01/13/11 11:46 PM Claiming Dependents....My Fiasco
KoalaGirl Offline

recently joined

Registered: 01/08/11
Posts: 22
Divorce Decree filed 2003
I am CP and have the 2 children all but breaks and summer.

Divorce Decree states: One child to each parent, daughter to the mother and son to the Father. Obligor must be current with the prior 12 months of all child suppport obligations to be eligble to take the tax exemption for son. Should hte obligor fail to be current by Jan 15 for the prior tax year, the tax exemptions shall both go to the mother.

So for year 2006, he was behind in c/s as stated above. Not by much but he was.

I filed and claimed both children. He filed and claimed our son.

Because he got his in first, my return was rejected. I didn't even realize it had been rejected.

Fast forward 4 years..I start getting IRS notices that I owe almost $6k. You would think it would be pretty easy to straighten it all out right?

That's the furthest thing from the truth. Upon me calling to find out what I needed to do, I was faced with IRS reps that were reciting from a script basically. I had to prove that I was the cp and they were with me more than 50% of the time. None of them could really tell me EXACTLY what I needed to send in to prove it though.

So I gathered school records, birth certs, social security cards, shot records and sent it all in. I called a few weeks later...they claim they didn't get it.

Ok let's try round 2...faxed again. Called and called and called and called. After about 6 weeks I just gave up. I fed exed them in.

For now all was good..they were reviewing and would let me know. No garnishments or collections at this time. Whew.

Didn't hear from them again. I filed my 2009 return..it was intercepted as I thought it would be while there were figuring it out.

Last week, started getting notices again..balance down to $3500 (because of my refund that they kept).

I called AGAIN. Case closed...they denied my appeal. WHAT??? I finally broke down into tears and the lady FINALLY started telling me exactly what I needed to prove I was head of household (never even heard that I needed to prove that before a few days ago) , letter from the school and EXACTLY what it needed to state, a copy of the divorce decree (I sent in the wrong parts and it wasn't complete).

I called the Advocacy line and got assigned a rep. I just finished faxing EVERYTHING they asked for ...to the T.

Here's where it gets intersting. According to Publication 504, a ncp can claim a child as dependent if:

If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent an attach certain pages from the decree or agreement instead of Form 8332, provided that these pages are ubstantially similar to 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 custodial parent will not claim the child as a dependent for the year.
3. The years for which the noncustodial parent, rather than the custodial parent can claim the child as a dependent.


Number 1 is the important one for me. Our decree does have a condition. So what that means for me is that they will not look to the decree in making the determination. It will be made stricly on who had the kids more. That's what is important to note here, if your decree HAS a condition (and it doesn't matter what the condition is or if the condition was met), they will not honor or refer to the dd.

We will see how all of this turns out in the next 2 weeks. I will try and come back and post the results.

I hope this information helps others.

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#695861 - 01/14/11 02:25 PM Re: Claiming Dependents....My Fiasco [Re: KoalaGirl]
Avaya Offline
Carpal \'Tunnel

Registered: 02/09/06
Posts: 9850
Loc: Arkansas
Since the children are always going to be your dependents according to IRS, perhaps you could offer no increase in Child Support in exchange for you always claiming the children. His CS may not be very high, but you get the benefit of the deductions and the child tax credit ($2000) each year. Just the credit is the equivalent of $167 extra per month that you benefit and he does not even though he is helping to support the children that you are claiming on your tax returns.
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Eternity is too long to be wrong.

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#695862 - 01/18/11 05:45 PM Re: Claiming Dependents....My Fiasco [Re: KoalaGirl]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Why did you not seek and accountant or tax pro to help you with this? It is just like court, if you go in pro se odds are not in your favor. You go in with someone well versed in IRS jargon and your odds improve greatly.

We had to go back and ammend 3 years of returns. There was no way we could have done this without help of a tax pro.
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13.1...because I am only half crazy!

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#695863 - 01/19/11 01:02 PM Re: Claiming Dependents....My Fiasco [Re: Miranda]
KoalaGirl Offline

recently joined

Registered: 01/08/11
Posts: 22
Miranda...looking back I now realize I should have. It's like anything else, you know in your heart what is right, you aren't trying to cheat anyone or do anything illegal so you think it should be cut and dry. Well, it's not. The IRS laws are so convoluted it's insane.

Now I'm being told I have to get bank statements from 2006 to show payments made to mortgage...to prove head of household. It's the IRS..don't they have my 1098 from my mortgage company that SHOWS I paid nearly 15k in interest???? I'm pretty sure they do. Sheesh.

Would you mind giving a bit more detail on your situation? Why did you ammend returns?

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#695864 - 01/19/11 02:00 PM Re: Claiming Dependents....My Fiasco [Re: KoalaGirl]
Avaya Offline
Carpal \'Tunnel

Registered: 02/09/06
Posts: 9850
Loc: Arkansas
Quote:
Why did you ammend returns?


Because something originally filed was incorrect or incomplete.
_________________________
Eternity is too long to be wrong.

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#695865 - 01/19/11 02:07 PM Re: Claiming Dependents....My Fiasco [Re: KoalaGirl]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
We had a bad accountant that told us only one person could file college tuition. Both my husband and myself were in Grad school at the time. That information was incorrect so we were owed more money from Uncle Sam. Ammending our returns gave us another 7K back in refunds.

I believe we filed a 1040X for the returns, why can't you do the same?
_________________________
13.1...because I am only half crazy!

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#695866 - 01/19/11 02:19 PM Re: Claiming Dependents....My Fiasco [Re: Miranda]
KoalaGirl Offline

recently joined

Registered: 01/08/11
Posts: 22
Miranda..good for you, it's nice to know that the process actually does work. lol.

In my situation, it's not that I need to CHANGE my return, it's that I have to prove my items on the return (head of household status and 2 dependents).

This deal is worth about 6k to me at this point. It may also affect other years after this also once I know their decision.

I just filed 2010 yesterday and claimed both children again because surprise surprise, he is behind on his child support again. This time, I filed first so it's going to be up to him to prove he had the kids more than 50% of the time (he didn't) and that he wasn't behind on c/s by Jan 15th (which he was).

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#695867 - 01/19/11 04:13 PM Re: Claiming Dependents....My Fiasco [Re: KoalaGirl]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
I am thinking that the HOH status is what the problem is versus the kids. The IRS does not get involved with custody issues and since the kids lived with you I don't see why you would have an issue with it.

When my husband's ex did this, back in the late 90's, all we would do what send in a paper return and fax them a copy of the court order. Never had a problem, I am sure she did.

You know you can file comtempt on him for this and ask for punitive damages. What a hot mess...
_________________________
13.1...because I am only half crazy!

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#695868 - 01/20/11 11:45 PM Re: Claiming Dependents....My Fiasco [Re: Miranda]
KoalaGirl Offline

recently joined

Registered: 01/08/11
Posts: 22
Update: Went down to the advocates office and hand delivered all my paperwork. I think it's looking good but then again, they are the IRS and they could deny it based on the color of the paper. Sheesh.

I should know something in a few weeks.

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#695869 - 01/21/11 12:53 AM Re: Claiming Dependents....My Fiasco [Re: KoalaGirl]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
I am an adjunct college professor and one of my adjunct coworkers works full time for the IRS in Austin, TX. He is a complete ASS that gets off on harassing folks. And he has told me that if he knows a person is retired military member that retired at the rank of Colonel or above he gives them an extra hard time. Nice...
_________________________
13.1...because I am only half crazy!

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