BPDFamily.com

Divorced 2/2012, S5 and S8, joint legal and 50/50 physical custody

Just got  a call from my tax guy, my tax return bounced back as “someone” else claimed my S8 on their tax return.  Each of the last two years I was lucky enough to file first and able to claim one child on my return.  This year I wasn’t so lucky.  My tax guy will file again, today, claiming S5, and see if it goes through.  In each of the previous two years exuBPD (w/NPD traits)w had tried to claim both children.  Her rationale, since she makes the payments for childcare, she should get the deductions for both.  She has been told by one attorney, a judge, and a support master, that this is not correct, but she continues. 

IRS had sent me a letter in the fall letting me know that someone else was claiming one of my dependents and, that I should make sure that the one child I did claim was in fact mine.  This much I did.

But now what, is there something I can do to correct this quicker rather than later?  The unfortunate and silly thing is that I do not have a support order that emphatically states that we each claim one child.  Understood with 50/50 custody, but I don’t have it written.  I have asked a few attorneys about this and their advice, make sure to file first – not something I can be assured of doing.  As is the case this year.

We have the same issue. They were supposed to do every other year, but she just files practically on Jan 1st so that he can't claim their child.  We were also told "Make sure you file first" so to avoid this.  Doesn't seem like there are a ton of options.  It is not written clearly in the PP, otherwise we could file contempt, but that really doesn't mean a lot to the IRS. 

When I got divorced, my husband had a ton of back taxes, we made an agreement that he'd pay up to the year we were divorced.  It was about $10k. I started getting weird letters from the IRS, called them, and they said "I know you probably have a settlement that says he will pay, but that doesn't matter to the IRS, they will go after whoever it takes so they get paid."

I get the impression the IRS kind of trumps family court orders.

Is she learning to file first?

If you don't find a resolution this year, then file as early as you can next year for both children?

I think she is FD.  Unfortunately this year I had two amendments to make and my taxes got done later than I wanted.  It seems ridiculous to have to just file first when it should be written somewhere.  I'd go back to court, but just don't know for what.  Her rationale has been, not necessarily that she has the kids more than me due to my business travel, but twisted.  She feels that, since she makes the childcare payments she is entitled to all of the childcare credits - essentially all of the cildcare monies paid through the year.  However, 65% of the money is mine.  So she's committing tax fraud as far as I'm concerned.

She's been told three times now and still continues.  Her L may in fact be telling her to do this.

 

The L is the do gooder type buying all of ex's BS.  Can I demand a copy of her tax return via the L?

PS I still have an open issue with my case in that ex got a bogus psychological evaluation.  has not been addressed.  Issues like the taxes come up and I again revisit the possibility of takingher back to court to get a "real" psychological evaluation.  Will post a separate thread about this.