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TAX RETURN, Question??

Sonomama30's picture

so my FH's papers say that everyother year him and BM claim ss on taxes. We live in NY. OK, BUT these papers also stated that 4 days he is with BM and 3 days he is with FH. For the past 3 years that i ve been with FH ss has been with us 99.9% of the time. so this year ( i know i have OCD and im planning a wedding) BM for 2011 gets to technically claim ss on her taxes. she also filed for bankruptcy and got canned from her folding clothes job.FUCK the papers, he has lived with us for the entire year of 2009, 2010 and 2011 and we legally can prove this. So, for peeps in this situation, considering the fact that the "joint custody" hasnt been followed since 2009, and no body wants to go to court, if we file for him first this year and so does she will the IRS just go based on what the court papers say ? or would they need proof of doctors bills, insurance claims stc. to show where the child actually resided that year???


sonja's picture

Yikes on this one. My SD is here EOW, and FDH gets to claim her everyotheryr. Most dads dont get to claim at all ever from what Ive heard. I dont have experience in the dept since FDH always reminds BM which years are his so no one tries to pull this. The first tax return will go through and the second will get denied, but I bet major problems will arise when she pulls out the CO and its her year.

Just how if its on paper he pays her X/month, and she has custody.. If the child is living with him now and hes not paying her.. if the papers werent changed, he still owes her X/month. This could get messy, and Id advice getting the papers changed first, although technical change of custody might not change who gets to claim him.

Oi Vey's picture

Sure, you can file anything you want.
All BM has to do is take you to small claims court, BF will lose, and he'll have to pay whatever she should have gotten plus fees, penalties, interest, etc.
Dumb move, IMO. Just because you "don't like" the CO doesn't mean you get to ignore it.
If it's a big deal, file to modify.
Also, if FH qualifies, he gets to claim things like the dependent care credit and earned income credit, because that goes by where the child lives.

workinthruthetoughstuff's picture

Our tax attorney let us know that here (CA) the parent that has physical custody over 1/2 the year is the parent able to claim the child. He also said that if one parent files and the second tries to also, the IRS will question both parties. He, as our lawyer, would present proof of residence on our behalf. At the time we had full costody, but allowed SD to move to BM's for the last two months of the year and we were questioning what would happen if she tried to file after we already did.

B22S22's picture

yes -- IRS will send both parents a nice little letter saying "The person with "x" social security number was claimed on more than one tax return as a dependent" Then it was up to us to get it straightened out (BTW, for anyone wondering, my DH was in the right, their divorce decree states he will claim one, BM will claim the other.) with the IRS

Sonomama30's picture

My lawer stated that the IRS dosent need a copy of the court papers, he stated that most court papers are a few years old and that the "paper custody aggreement" usually changes as does the living arrangemetns of the child. ss7 lives with us full time and 2011 he has lived with us more that1/2 of that year. ( the entire year ) he also stated that yes, if BM also claims him we will get a call or a letter requesting that we have to provide documents proving that SS have had a permanemt residence with us for more than 1/2 of the year. Ex: EOB from insurance companies, documents from school, doctors offices and so forth. thanks for your help guys!!

Oi Vey's picture

I should clarify. As far as the IRS goes, yes, he can claim him.
However, because there is a decree that outlines who gets to claim which years, your BF would be CIVILLY responsible. Hence, the small claims suit.
And THAT the BF would lose.