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CS calculated incorrectly SIX years ago?

MrsK Dawg's picture

We are about to go to mediation then probably court for BM Contempt. DH's divorce was final the year the form 8332 started being a requirement. Apparently his attorneys were unaware of this. There is no mention of form 8332 in his papers. BM claimed one of the girls (agreement says he gets both) and the IRS is coming after us for two different years worth of the deduction. We sent her form 8332 several times and she's refused to sign it, even returning it ripped in half. Our attorneys called that bring "stubbornly litigious" and she forced us into court over it, so I am hoping we are awarded some relief there and attys fees

My concern is that apparently DH original attys did not calculate CS properly and that BM might be going after back CS since 2008. I wonder if we would have any recourse against original attys for doing it wrong?

DH and BM both signed and agreed to the CS amount on the court order and he's paid it faithfully for years on both girls until the oldest graduated, and still pays for SD12 as outlined in their agreement. If the figure in the divorce agreement SIX years ago can it be recalculated? I hope not. What a mess.

Rags's picture

Since the CS your DH has been paying in full and on time was awarded in a CO or divorce decree issued by a court it is very unlikely that any arrears will be awarded to BM. CS may go up based on current financial and custody facts but I would not worry too much about a 6 year arrears award on a faithfully executed officially awarded CS amount.

If your DH was awarded the tax deduction for his and BM's joint spawn and she interfered he should file a contempt motion and nail her ass to the wall. That will give him leverage in the very off chance that BM attempts to go after a retroactive CS adjustment.

IMHO of course.

Good luck.

MrsK Dawg's picture

Thank you ! I didn't think they could go back like that. He paid what they and the court agreed. It may go up now though, which we can deal with.

We have filed contempt! And we went ahead and filed to modify custody as well (long story, SD 12 is failing school and has been for a long time and it's largely due to the inconsistency in her days. And BM has depression issues, etc. and allowed SD12's bedwetting issues to go untreated for years. A 'normal' 11 year old in pull ups is not NORMAL) but I digress.

So we are going in for custody modification with Count 2 of Contempt of Court. She blatantly and knowingly disregarded a court order. She said she DESERVES the deduction because she has to drive to our house some days and because "that money went straight to them kids."
Right. God help us.

We have mediation first - but I would like at least the contempt charge to go in front of a judge...maybe then she would take a court order seriously.

MrsK Dawg's picture

DH has custody on his days off from work (he works shifts) and mom has the rest. It's almost 55/45 with mom as primary. The IRS rule is that BM gets the deduction because she goes to school and uses BM address. The IRS doesn't care what the court order says. So she filed first and ours got bounced back for proof.

In 2010 the IRS accepted our paperwork without form 8332 and allowed him the deduction. We told her she should not be filing SD, but she did again. Now IRS is after us for 2011 and 2012 and BM is refusing to sign form 8332 to allow him the deduction as required in the Court Order. So regardless of the IRS rule, she is knowingly and willingly violating the court order, so she is in contempt.

It's insane. IRS doesn't care what court ordered and court doesn't care what IRS allowed. And WE have to hire a lawyer to fix it!