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I really hope she gives in....

sixxnguns's picture

Fiancee's attorney wrote BM's attorney and basically said

"Fiancee is adamant about claiming SS on 2007 taxes as SS was in his care a majority of the time durig 2007. In addition, he paid child support to your client based on a 50/50 arrangement notwithstanding your client did not have SS in her care 50% of the time. In addition the parties agreed the child support was to be given back to fiancee to care for SS and they were not. Therefore fiancee expended much more money towards the care of SS during 2007 and should be allowed the deduction accordingly. Your client did not contribute much financially to the care of SS and should not be allowed the deduction. Fiancee has been more than reasonable and has given in on quite a bit already in hopes of settling these matters out of court. He has reluctantly allowed your client to have physical custody of SS. Howeever, if your client is not willing to agree to him claiming SS for his taxes this year and every even year, we're willing to take this to court."

I just basically summarized the letter cause I'm crappy at giving details...I hope she gives in and gives him ONE thing that he deserves for once...just thought I'd update you guys Smile


frustratedinMA's picture

That is awesome.. and a reasonable person would agree that your fiancee should get the tax deduction. That said, I know from personal experiences w/my DH's ex.. the BMs are usually NOT reasonable people.

I also agree with a previos post that he who files first shall win.. they would haul her in and make her PROVE she provided more than 50% care and she wont be able to do that. So if at all possible.. tell him to TAKE the deduction and FILE SOON!!! That might save you $$ on going to court for the deduction as she would be responsible for proving her case and need a lawyer.. not you guys.

sixxnguns's picture

fiancee is scared IF he files anyway than it will end up going to court and since he lost the last time with the custody he's scared he might lose this one too and than he'll end up paying her the tax return...the judges here are seems it doesn't matter if the father is in the right...his lawyer told him to hold off and see if she gives in...we have the proof SS was here all the time so he SHOULD win this...but just in case he's holding off cause he doesn't want to get in trouble...

Colorado Girl's picture

is all I have to say. Expect the worst and hope for the best.

"Life isn't about waiting for the storm to pass...It's about learning to dance in the rain."

sixxnguns's picture

I'm really trying to be positive on this one, cause we have the proof..I just want something to go his way for once...when does karma kick in in these situations?

Colorado Girl's picture

I'm still waiting....

"Life isn't about waiting for the storm to pass...It's about learning to dance in the rain."

Sita Tara's picture

I have often wondered exactly what I did last time around to deserve the stress I keep having thrown my way.

Nice letter though. Our attorney was good at those as well.

Peace, love, and red wine

everythinghappens4areason's picture

wondered what we did in a past life to deserve this...

frustratedinMA's picture

I just dont know how a judge can say that the IRS is wrong. I am an accountant.. and I guess from years of doing taxes and following the accounting rules, I dont see how they arent as black and white as they are stated.

She is a horrible woman if she doesnt give in to this.. And a liar and a thief.. because in my eyes, if she didnt have your skid more than 50% of the year, and didnt provide him w/50% of his maintance and then CLAIMS him as if she did.. that is fraud to the IRS, and theft against your husband!

CplStv's picture

Callthe IRS to check, but if it's Disputed, They will do an Investigation, and Rule on Who Deserves the Deduction, and if You have the Evidence, They can Rule that DH gets it EVERY YEAR...

Kids are the Best and Worst Things We can do to Ourselves. When We have nothing else worth living for, We'll go on, for Them, but Oh How We Miss Our Freedom...LOL