Filing kids

LevinaFia23's picture

Quick question if you all have switched from non custodial to having primary custody has your SO ex filed that year? Did you have issues?

The past 2 years have been bs with filing. She claimed here on the year she lost custody and it seems she also had the following year and she had no custody most of he first year and this following year. 

Harry's picture

Gets to claim them on there taxes.  Even if you must count the days.  Who had them 183 days or more gets the wright off.  In 50/50.  Then one gets to claim then on odd years or even years 

LevinaFia23's picture

This is true but with the other parent knowing that they haven't had the kid most of the year, and custody switches has anyone SO ex just keep claiming the child knowing full well they have not had custody of the child for longer period in the year? It's now blocking things bc they keep claiming the child. Pretty annoying. And it seems irs is confused bc its still on hold.after 2yrs. I guess it's a waiting game even longer but was wondering if anyone's experienced this where the parent knows custody has switched obviously but they still try to claim the child? Did it ever resolve or how?

Custody switched August soon as it Switched thr child was enrolled at the school in our county. The mother had 0 visitation bc temporary custody was awarded to the dad due to an investigation on the mother. This automatically means dh had him longer than the mom. She had 0 custody from.aug to Dec of that year. This continued into the following year close to summer where legal primary physical was granted properly for the next year. So why in the heck is she able to claim the child at this point and idk why irs is confused 2yrs later. I would care if this didn't hold up 2yrs of refund. Idk if anyone else experienced this with custody switch or heard of this.

ndc's picture

I assume that you paper filed with the IRS and provided them with documentation showing you had primary custody.  They'll sort it out eventually.  Has your husband told BM to cut it out?  Does their CO say anything about who gets to claim the child, and if so, did that change when custody changed?

simifan's picture

If you file electronically & someone claimed him first, it will bounce back. What you need to do is paper file & include a copy of the court order showing your primary custody with the right to claim skid. Info - Did your SO sign off on the 8332 to release his claim when the first order was issued? 

LevinaFia23's picture

I got in contact with irs and dh was there. We both called yesterday and got different responses so this morning we called together. So in this case irs is no where on the court order that started back in 2017 nor is it on the one that was updated last year when it officially switched to dh primarily.

It seems that first yr in 2021 when claiming yes it was rejected but we did an ammendment. There has been no talks with her bc bm...idk a word. It doesn't seem to ever help talking to her honestly. But yea the ammendment is what's delaying this..we thought about just forgetting 2021 but it the ammendment was already done, docs were sent in to prove it last yr March etc. Fortunately today we have an update that it should be another 30 days for review. The years prior she'd just claim him every year to avoid any issues and bc she's primary we thought it made sense sure. Now that dh is primary based on prior years, it should go to dh seems since she had the previous years when she was primary.

I wish she was a sane person and we could just talk but she's not. As usual over all these years we've had to just get things done ourself even down to getting his ssn and any other important info/docs over the past 2 yrs but maybe we're near the end of the tunnel.

She was seemingly blocked this year since we filed before her and this time the refund was not rejected unless she mailed hers in. So far we asked and they said they don't have her info yet , as in doesn't show shes claimed him yet, so who knows. I wish I knew this info back in 2021 but oh well 2 yrs later this may resolve soon. Thank you for your responses hopefully any of this may help others especially with a difficult ex.

Rags's picture

Never forget or forgive this kind of crap from the toxic opposition.

Send the IRS the approprite paperwork and they can go after BM for her fraud while you get your tax advantage.

I am not sure if the IRS will go after BM with penalties and interest, hopefully they do.


LevinaFia23's picture

It's crazy bc that year during the investigation her sister got custody of all of her kids but those payments were sent to bm. The sister and her husband were pissed bc they were caring for their many kids plus her additional 3. Bm hardly gave them anything. We were pretty pissed also bc we didn't hear of any investigation until the tail end months later. The exchanges continued but it was with her sister. Of course they didn't share this info we had a random call from social services to meet and officially assign custody to the dads, 3 of bms exes. It was terrible but everything was corrected and now hopefully this tax stuff is correct in the next month. She def needs some type of consequence for this. Very bold

Rags's picture

File charges.

I would, or more accurately, my bride would had the SpermClan in our blended family history pulled this crap.