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BM claimed SS7 even though it was our turn...what can we do?

SteppingUp's picture

Our stipulation states that we take turns every other year claiming SS on our taxes. This was our year. We filed this week and got a call the next morning that SS was already claimed. DH told BM that she was wrong and she said "Oops, my bad. You can just claim him the next two years in a row."

He told her how we now have to pay to get out taxes amended AND we count on our tax return just like she does! She said she would just pay us the difference (between what we end up getting after we remove him). Well...that ends up being $2400!! There is no way she will ever pay us back that much money. So DH told her SHE needs to amend HER taxes. Well she said she did them herself online and has already gotten the money (which means she has already spent the money)....

What do we do? Take the loss this year and just agree to claim him the next 2 yrs in a row? This means we actually won't get any money back this year and we were counting on it because I'm on maternity leave right now and not getting paid for half of it :(.

How do we make her amend her taxes?


SteppingUp's picture

This all just happened on Thursday/Friday. No, she hasn't signed any form like the one you mentioned, but this is all part of the child custody stipulation which she signed in 2010 so doesn't that count?

That situation of yours sounds like it was a PITA!

SteppingUp's picture

We never "reimburse" her for anything. She gets child support and when things come up we usually end up having to pay for them (or they don't get done -- like signing up for sports or copays on dr appts). So she is usually the one who owes us money... So it's not really something we can hold over her like that. She just won't pay us back for crap.

SteppingUp's picture

Why would they care about that? If there is a court order about doing every other year why would the IRS even "care"? However, we have him 50% and could argue that she has him less than 50% bc she ships him off to her parents almost every weekend she is supposed to have him....

Shaman29's picture

That happened to H the ONE year he got to claim skid on his taxes.

When we filed, our accountant said she was already claimed. H showed him the CO, and the accountant filed our taxes claiming skid.

About 6 months later we were contacted by the IRS. H called them, explained the situation and gave them all of the information. We never heard back from them after that initial contact.

Uberskank never bitched to us about it, so they may or may not have gone after her.

SteppingUp's picture

The tax preparer told us we have to go in and file without SS and then wait for BM to amend her taxes and then we would have to amend ours to add him. What a royal pain....for someone else's screw up.

notsurehowtodeal's picture

For the most part, the IRS does not care about court paperwork. Their rule is whoever has custody claims the child. They define custody as follows:

The custodial parent is generally the parent with whom the child lived for the greater
number of nights during the year. The noncustodial parent is the other parent. If the
child was with each parent for an equal number of nights, the custodial parent is the
parent with the higher adjusted gross income. For details and an exception for a parent who works at night, see Pub. 501

The custodial parent can let the non-custodial parent claim the child by filling out form 8332. You attach this form with your return.

However, if the divorce was completed before 2009 - you don't have to use form 8332. You can just attach the paperwork from the divorce.

This is how it is supposed to work. BM is our case almost claimed the child when she shouldn't have. Our CPA said if she did we should paper file with the appropriate documentation and let the IRS fix it.

Lawyer said we should give her a chance to pay and if she didn't we should take her to court for violating the court order. As it turns out she didn't do it.

For the amount of money you are talking - I think it would be worth it to fight it.