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How to write a notarized letter of agreement for this?

SteppingUp's picture

We alternate years for claiming SS7. This year BM went ahead and claimed him on her taxes even though it wasn't her turn. It sucked because she screwed us out of $2400. We know that we could hold her in contempt of the stipulation, and that we could get her to amend her taxes, etc, but she agreed to let us claim him for two years in a row.

However, I we have been burned by her verbal agreements before so we want to get this in writing and get it signed by a notary. How would I word such a thing? Does this sound fine?

In January of 2015, BM claimed SS on tax returns for the 2014 year, although it was DH's year to do so. Therefore, this document is to certify the agreement made between BM and DH that DH will claim SS in both 2016 (for the 2015 tax year) and in 2017 (for the 2016 tax year).


SteppingUp's picture

I added that! Here's what I have:

In January 2015, BM claimed SON on her 2014 taxes, although according to their stipulation, it was DH's turn to claim him. Therefore, this document is to certify the agreement made between BM and DH, that:

In 2016, DH will claim SON on his 2015 tax return
In 2017, DH will claim SON on his 2016 tax return
In 2018, the every-other year schedule will resume as outlined in the stipulation

AllySkoo's picture

You might want to word it more like "2018 and beyond, BM claims even numbered years and DH claims odd numbered years". That might be more explicit. Maybe. Smile

B22S22's picture

Why not have her sign an 8332 for the 2 consecutive tax years that you want to claim him instead? You don't need it notarized (although it would probably be a good thing). That way it's on an official IRS tax form.

SteppingUp's picture

Ahh, I didn't realize there was such a form...although how does that work exactly? I mean does it alert the IRS if she does try to claim him?

SteppingUp's picture

Awesome! That would definitely protect us from this happening again. This year she already had her tax return money back by the time we even filed our taxes, so we had no idea until our tax person informed us after we tried to claim him, that he was already claimed....

Thank you so much!

bearcub25's picture

She can still file if she is the CP without the form. Only the NCP has to have the form signed by the CP.

thinkthrice's picture

Good luck! Nothing but *crickets* when trying to get the Girhippo to sign the 8332 form for next year and the next years to come.

I would have her notarize the form and attach the 8332. BTW a CP can withdraw their consent for the NCP to claim the children at any time if you examine the 8332 closely.

Next year, file as soon as humanly possible as well.

In this state, CS goes to 21 unless an emancipation event has occurred. Conversely, claiming the kid on taxes goes up through the year they actually turn 18. Then if they are in college, you can claim them as well past age 18. Make the agreement plus 8332 form cover ALL stipulations and caveats all the way up to age 21 and beyond if necessary with the phrase "the parties will negotiate blah blah blah" after age 21"

bearcub25's picture

This happened to a coworker. I told her to call the IRS. They had her (her DSO actually) send in a copy of CO. It took a few months, but they were able to get their tax money and the BM had to pay back what she illegally got.

This is what you need to do next year, if she claims skids again.

Glassslipper's picture

My ex did this two years in a row too.
I presented him with a 8332 and a contempt order of service asking him to sign one or the other, either way this is getting straitened out.
He signed the 8332 and we have not had any issues since.

B22S22's picture

And according to the information on the 8332, technically you only have to send in your copy of the page of your CO stating who clains who when. Although it wouldn't work for you if you're going to try to get her to give you a year not specified in the CO.

DH went thru this (hence the reason we never filed jointly) because although BM was signing the 8332, she was claiming both kids instead of just 1. Actually, she had done it for many years, I have no clue why the IRS didn't catch it because DH had an 8332 signed for each and every year.