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TAX Help BM does NOT work

smof5's picture

Submitted by smof5 on Thu, 04/14/2011 - 9:54pm

My dh has a court order saying that he is to claim his 3 children with BM2 but he must split the money with her, if there is a refund.. well she got married 2 years ago, and this (2011) is the 2nd year that she has refused to let him claim the kids on his tax return, instead she lets her new husband claim them, now mind you, she does NOT work!! not at all. My dh pays over 800 dollars a month in child support to her for his kids. We know that in any other case, you should be allowed to file a "contempt" charge, but if you have read any of my other posts..her father was the bailiff of the court and friends with the judge, we live in a small town..everytime they have went to court, everything goes in herrrr favor!!! When he actually went to the courthouse to get the contempt papers the circuit clerk told him that she didn't think the judge would even grant a hearing because she even thought he was getting shafted because of who his ex father in law was...any HELP or advice??

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llenyaj's picture

Submitted by llenyaj on Thu, 04/14/2011 - 11:09pm

I'll try with a little advice here. (Pardon me, but I've been lurking for a year.)
I've got two ideas for you.
#1. File a paper (not efiled) return with the IRS. Include a copy of the court order, stapled to the back of your return. Claim all the children included in the order. The IRS used to always let this through, but they got sick and tired of playing family court, and changed the rules. It still works, sometimes.
#2. Tell the BM that if she doesn't sign form 8332, releasing the exemptions for the children she has custody for, per the court order, you will A: Call the IRS (1-800-829-1040 mainline) and report her for fraud and request an audit (this tends to scare people) and B: will file a contempt of court with the local court system. (If her daddy is the Bailiff, and abusing his powers, I would also file a claim against him, in whatever the next-up chain of command is.) Let BM know that if she used these kids to claim the EIC, and thus received it fraudulently, she will be forbidden to claim that credit for 10 years.
No matter what, you need to file a paper return, due to the fact that she already claimed the kids. The IRS will just kick it back if you try to file online.
I prepare income taxes for a living, and this crap just pisses me off. Lazy women who receive child support TAX FREE and steal the exemption that was awarded to the PAYING parent in court. Crazy.
Next year, have your hubby file his taxes, online, on Jan 15th. It is the first possible day allowed to file income taxes, and he doesn't really need his W2, if you have his last pay stubs for the year, and know how much interest and ect you made. You can always amend the return later, if some random K-1 comes in during March.

Smile I'm very sorry for any terrible spelling or grammar, but it is April 15th and I am totally exhausted.

uncommon's picture

Submitted by uncommon on Fri, 04/15/2011 - 5:28am

^ This. They will probably flag it because of the ss numbers being claimed twice, but they should flag BOTH returns, not just yours. Including the court order could save you some legwork later.

B22S22's picture

Submitted by B22S22 on Fri, 04/15/2011 - 6:05am

Having experienced this... my DH has ALWAYS had an 8332 signed because CO says she claims one, he claims the other SK. For 12, yes TWELVE years she has claimed both even though she's signed that form. Last year we received a nice little letter from the IRS stating the child had been claimed twice. The unfortunate part is that the onus was on us to prove we were in the right (although that was no problem with the signed forms). The bright side is that not only did she get nailed for those taxes, but in discussing with the IRS person it was brought to light that she had done that since their divorce. Needless to say, she got caught. I just have to wonder how much she has to pay back...

LizzieA's picture

Submitted by LizzieA on Fri, 04/15/2011 - 6:33am

If you read the IRS info carefully, which I did, what is required goes by year of divorce. DH's fell under the wire where you could include the divorce papers. So we do. One year we got that letter, he called and they said we were all set. The biotch claimed SS although the divorce gave DH the right every year, no questions. Like he said, he needed to get something from the divorce since she got the house and most of his equity. That little move really destroyed any small respect I have for her. It was so underhanded.

Rags's picture

Submitted by Rags on Fri, 04/15/2011 - 10:59am

Don't go to court. Deal with the situation through the IRS. File your return claiming the kids and submit a notarized copy of the CO giving your DH the deduction for the kids with your return.

The IRS will deal with BMs crooked ass and nail she and her DH for penalties and interest.

I have no tolerance for this kind of manipulative crap. We have not had to deal with the tax thing with my SS-18's SpermIdiot but we have had to deal with other manipulative issues.

My tactic for dealing with it is overwhelming pain and misery directed at the SpermClan. Once they realized it hurts to damned much to mess with us, they crawled back under their rock and for the most part stayed there.

When they played games with returning the kid per the visitation schecule, we had the police and my ILs pull the kid out of a family dinner at a restaurant. When they called to say "oh, we missed the flight and can't get him on a plane for three days" we found a flight the same day and called the police to make sure they returned him to the airport in time to make the flight.

We filed CS modifications in response to their manipulative crap, filed to have the SpermGrandParnets income included in calculation of the SpermIdiots CS, etc, etc, etc......

NO QUARTER!!!!!!!!!!! EVER!!!!!!!!! If they are manipulative dip shits.

IMHO of course

smof5's picture

Submitted by smof5 on Fri, 04/15/2011 - 5:44pm

Smile Thank you, I appreciate all of your suggestions. However, we were told that the IRS would not, under any circumstances take a court order. That the custodial parent claimed the kids and if there was a court order, that was broke, you had to deal with all of it in family court. Its sickening because she doesn't work, has not worked, just married a man w/ a LOT of money and gripes at my DH that he doesn't do anything to s upport his kids, he's a sperm donor, etc etc. She moved them almost 4 hours away, he pays over 800 dollars a month a few dollars shy of 900 a month. And yet she gets the big ol tax check along with her new husband's big ole pay checks. and she says its all for the kids, well we would like to have some extra money to do things with the kids too, We have 7 children between the both of us and there is never any extra money to do those fun things with them. My ex and I alternate from year to year on claiming our children, and my DH's 1st ex claims both of their kids they have together, butttt she works!! so she deserves to claim them. I work. My DH works..but SM2 is a lazy butt who refuses, absolutely refuses to work

Gmama's picture

Submitted by Gmama on Fri, 04/15/2011 - 9:11pm

this sounds like the same thing we went threw,, BM really pushed to have her husband claim SS,, I think realistically they can because my SS lives with them more then 80% (he lives out of state so we really don't have a choice)but when they went to court my husbands lawyer disbuted it and strongly suggested "as long as SHE didn't work, they should be able to switch off everyother year), so thats what was ordered, and she hasn't tried to swindle anything(YET)