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Claiming Skids on taxes?

goldenlife's picture

Has anyone else dealt with BM claiming kids on taxes when she's not supposed to? This happens every year. Our tax guy tries to send them in electronically only to tell us a week later that they didn't go through because those SSNs (skids) were already used! He called and told me this today and I was furious!

We had an extension and just filed and this happened AGAIN! I want to burn her azz so badly! DH is used to her dirty deeds so he doesn't get upset like I do.

Any thoughts on what I can do to retaliate?

Stick's picture

If you have a Court Order, or if it is part of the Divorce Agreement that DH gets to claim them, then I'd take her to COURT.

goldenlife's picture

Livin' my life like it's golden!

That's what I was thinking too, Stick. It's the principle of the thing, the inconvenience and just one more dishonorable thing that she gloats about.

The skids are 15 and 16 so we still have a few more years of this. I've used the same tax guy for 12 years and it's downright embarrassing to be unable to e-file your own taxes because of babymama drama! ugh!

sparky's picture

If you have a document with a seal that says you have the right to carry the kds on your taxes the IRS will straighten it out for you. Send paper copies of the taxes filed and send a copy of the doc with the seal. Even if they already paid her you will get your money and they will go after her.
The proof is all you need and its a slow process,but it does work.

Stick's picture

YIKES!!! Sending the IRS after BM!! That's tough love, alright!! I think that's even more scary than going to Court!!!

bearcub25's picture

this happened to a coworker's BF and his EX. I recommened her BF call the IRS b/c it was all in their divorce papers that HE got to claim the kids. They had to file the paper work and then went after BM to get their money back.

goldenlife's picture

Livin' my life like it's golden!

I think we will do a combination of informing the IRS and taking her to court, if only to wipe that silly grin off of her face!

Orange County Ca's picture

If you don't have a court order the IRS deduction usually goes to the custodial parent. But most parents split it 50/50 (first one year then the next) if they're speaking.

Get a court order or cede the point and get on with life.

*********************

There's an exception to everything I say.

Anne Summers's picture

Ah, this is always an issue every other year with the BM. She has always given us grief about signing the IRS form 8332. This year we mailed the completed form, as usual, and even noted where she needed to sign.

We had not received the form back by the time we e-filed our taxes (in February). After we e-filed with SD on taxes, received notification that SD had already been claimed.

The IRS advised us that all we had to do is fill out a 1040X (perfect name, don't you think?), which showed us claiming SD, reason why and sent copy of divorce decree with highlighted section of order stating that DH could claim SD. It took a couple of months, but we received our money in the mail via check from the IRS.

The BM has never mentioned to us about the IRS contacting her or anything of that nature. IMO, I don't really care what happens to her in this situation. I do hope that she learns a lesson that she cannot get away with whatever she wants. But, alas, I think that will never happen.

My suggestion is file your 1040X, send it to the IRS along with the copy of the divorce decree. Check the IRS website for more info, because there is a "grandfathered" time frame to be able to use a divorce decree instead of Form 8332. Once you file, forget about it completely (time goes faster that way) and then you will be surprised when you receive a check months later.

http://www.irs.gov/pub/irs-pdf/i1040x.pdf

Hope that helps! Smile

Take care,
Anne

Sometimes you have to test the limits to show you're not a doormat.

goldenlife's picture

Thanks, Anne! That's very thoughtful, helpful advice from someone who's obviously been there. Yep, the divorce decree spells things out very clearly! I guess I won't be buying my new patio furniture this week with the check I thought I had coming back soon! But nothing is ever easy with these types! Appreciate the info and the link!

Livin' my life like it's golden!

stepmomma00's picture

lol ..she can take the money she robbed from the government and you and pay her court costs and attorney fees Smile

lovin_my_life's picture

DH gets to claim 2 of the 3 skids until alimony is over in 4yrs. After that, he doesn't get to. I'm hoping when they go back to court again for CS modification he gets to claim the youngest until CS is over (SS will be 5 this year).

I claimed 1 daughter this year and my ex claimed 1. To be honest, I didn't have a problem with it. DH, on the other hand was livid. He acted like HE was entitled to the deduction (we filed together) and NOT my ex. WTF? If he is THAT concerned about the extra deduction, he can battle it out with BM since he pays out a lot of money so she doesn't have to work more than 2 days per month. My ex had no deductions for RY2008 since he didn't remarry until end of April 09 and I recieve NO spousal support. IMO the fairest thing I can do since he pays CS faithfully is at least let him claim 1 of our 2 daughters.

In your situation, call the IRS if the decree states your DH gets to have the child deduction. She can get into trouble AND she'll have to pay back any money she recieved + fines.

"I aint no Carol Brady"