My ex-wife is out for blood

[max39]

What is the name of your state (only U.S. law)? TEXAS


My ex-wife told me she is taking me back for more child support (which I am fine with). We have been divorced a while and the children are now teenagers. I understand they are more expensive and I had offered to help with paying half their activities and even come up with money for a car for my almost 16 year old. My ex is mad at me now because a couple weeks ago she asked me to take the kids for a week at the end of July to help offset the cost of the kids for her because they are expensive. I told her that the end of July doesn't work and offered to take them another week and she said that didn't work for them. It is not that I don't want to see/help out but these type of arrangements need to be worked out before summer begins.
Anyway, she is really mad and has now said she is officially taking me back to court for more child support and also asking for the last 6 tax returns be reviewed and audited.
The final divorce decree states that I can claim one of the children on my tax return each year (it is very specific which child I can claim). I have been doing that since we have been divorced. Now she is saying that she talked to her tax attorney and that he said it doesn't matter what the State says in the final divorce decree and that major changes to the IRS code have been made now regarding the child tax deduction for the non-custodial parent. Apparently, I can only claim the child the courts said I could if and ONLY if a waiver form 8332 is filed (how the heck am I suppose to know this? Is this something I should just automatically know?). Because of this she said she is claiming both kids on her 2010 taxes and advises me to refrain from filing the one I have been claiming. She also stated an audit will be done for the last 6 years and she is going after that money that I got for claiming the one child when she should have been able to claim both.
The IRS is apparently going to be asking for proof of which parent the child (which I have been claiming) has been living with. She told me to see section 152(e) of the IRS code for current tax laws.
I am really scared and had no idea that this law even existed. Is anyone familiar with this? What makes the situation worse, is that I have two babies from my current marriage that will be affected by all this. My wife lost her job and can't find work. I am afraid of losing everything I have if I have to come up with all this additional money. Any help you can provide on this matter would be greatly appreciated!

 

[Ohiogal]

What is the name of your state (only U.S. law)? TEXAS


My ex-wife told me she is taking me back for more child support (which I am fine with). We have been divorced a while and the children are now teenagers. I understand they are more expensive and I had offered to help with paying half their activities and even come up with money for a car for my almost 16 year old. My ex is mad at me now because a couple weeks ago she asked me to take the kids for a week at the end of July to help offset the cost of the kids for her because they are expensive. I told her that the end of July doesn't work and offered to take them another week and she said that didn't work for them. It is not that I don't want to see/help out but these type of arrangements need to be worked out before summer begins.

Really? So it is inconvenient for you to see your child during that week? Your wife is not working. Why don't you want to parent your children during that week? Sorry your children are such a chore for you.

Anyway, she is really mad and has now said she is officially taking me back to court for more child support and also asking for the last 6 tax returns be reviewed and audited.
The final divorce decree states that I can claim one of the children on my tax return each year (it is very specific which child I can claim). I have been doing that since we have been divorced. Now she is saying that she talked to her tax attorney and that he said it doesn't matter what the State says in the final divorce decree and that major changes to the IRS code have been made now regarding the child tax deduction for the non-custodial parent.

When was your divorce decree signed? Glad to see you don't want the CHILDREN but YOU will fight like heck to keep any benefit from the children. Got it. It is pathetic of you.

Apparently, I can only claim the child the courts said I could if and ONLY if a waiver form 8332 is filed (how the heck am I suppose to know this? Is this something I should just automatically know?).

Ignorance of the law is NOT an excuse.

Because of this she said she is claiming both kids on her 2010 taxes and advises me to refrain from filing the one I have been claiming. She also stated an audit will be done for the last 6 years and she is going after that money that I got for claiming the one child when she should have been able to claim both.

And if she does then you take her back to court on a motion to show cause.

The IRS is apparently going to be asking for proof of which parent the child (which I have been claiming) has been living with. She told me to see section 152(e) of the IRS code for current tax laws.
I am really scared and had no idea that this law even existed. Is anyone familiar with this?

Yep. Pretty much, the majority of the seniors are but LD works with this constantly.

What makes the situation worse, is that I have two babies from my current marriage that will be affected by all this. My wife lost her job and can't find work. I am afraid of losing everything I have if I have to come up with all this additional money. Any help you can provide on this matter would be greatly appreciated!

Oh really? Your new babies are more important than your teens? Hence why you don't want your new teens during that week and it doesn't work for you? Why is parenting such a hardship on you?

 

[max39]

OhioGal,

The reason I couldn't take them that week was because I am out of town on business. I told her I would be available the following week or anytime in August and she said no. Also, my wife is very supportive and would take them but she is out of State because her mother is about to die any week and she is making arrangements.

The divorce decree was signed back in 2003. Also, when did I say I never wanted my children? Just because I had a business trip planned that week doesn't make me not want my children.

Your right, ignorance of the law is not an excuse. I am not trying to make any excuses, I just didn't realize this law existed. I'm sure there are a lot of laws I'm not aware of. Shame on me.

As far as the babies being more important than my teenagers is ridiculous. I talked to my ex-wife about helping out with buying a car for my almost 16 year old. I am saving every last penny to help with that and have even decided not to let my toddlers do any little activities (i.e. soccer, t-ball etc) so that I could save that money and give to help out my teenagers.

 

[LdiJ]

What is the name of your state (only U.S. law)? TEXAS


My ex-wife told me she is taking me back for more child support (which I am fine with). We have been divorced a while and the children are now teenagers. I understand they are more expensive and I had offered to help with paying half their activities and even come up with money for a car for my almost 16 year old. My ex is mad at me now because a couple weeks ago she asked me to take the kids for a week at the end of July to help offset the cost of the kids for her because they are expensive. I told her that the end of July doesn't work and offered to take them another week and she said that didn't work for them. It is not that I don't want to see/help out but these type of arrangements need to be worked out before summer begins.
Anyway, she is really mad and has now said she is officially taking me back to court for more child support and also asking for the last 6 tax returns be reviewed and audited.
The final divorce decree states that I can claim one of the children on my tax return each year (it is very specific which child I can claim). I have been doing that since we have been divorced. Now she is saying that she talked to her tax attorney and that he said it doesn't matter what the State says in the final divorce decree and that major changes to the IRS code have been made now regarding the child tax deduction for the non-custodial parent. Apparently, I can only claim the child the courts said I could if and ONLY if a waiver form 8332 is filed (how the heck am I suppose to know this? Is this something I should just automatically know?). Because of this she said she is claiming both kids on her 2010 taxes and advises me to refrain from filing the one I have been claiming. She also stated an audit will be done for the last 6 years and she is going after that money that I got for claiming the one child when she should have been able to claim both.
The IRS is apparently going to be asking for proof of which parent the child (which I have been claiming) has been living with. She told me to see section 152(e) of the IRS code for current tax laws.
I am really scared and had no idea that this law even existed. Is anyone familiar with this? What makes the situation worse, is that I have two babies from my current marriage that will be affected by all this. My wife lost her job and can't find work. I am afraid of losing everything I have if I have to come up with all this additional money. Any help you can provide on this matter would be greatly appreciated!

Your ex is correct as far as the taxes are concerned. The non-custodial parent needs a signed form 8332 from the custodial parent to claim a child for any specific year, even if the divorce decree says otherwise. For pre-2009 orders the IRS might accept a divorce decree as a substitute 8332, but only under certain specific conditions, and few orders meet those conditions.

However, in general the IRS isn't going to deny a claim unless there is a duplicate claim (unless an audit happens) and she cannot go back more than 3 years at this point to make a duplicate claim.

However, if she does that she will be in contempt of the state court orders...so you will have recourse there. Its likely that the state court judge will not be terribly impressed with her.

You also shouldn't panic about the IRS either, because even if she goes that route (and don't assume that she will) the IRS is really good about working out affordable installment payment plans, therefore it won't be a disaster for you.

 

[mistoffolees]

Really? So it is inconvenient for you to see your child during that week? Your wife is not working. Why don't you want to parent your children during that week? Sorry your children are such a chore for you.

OG, I think you jumped the gun here. There might be lots of legitimate reasons why OP could not take the kids - no matter how much he wanted to.

I travel for business - sometimes up to 2 weeks at a time. If I had a business trip scheduled for a given week, what good would it do for the kids to be at my house with a sitter rather than at Mom's house with a sitter?

Or perhaps there's a medical problem or surgery scheduled. Or perhaps OP is scheduled for National Guard deployment or training. Or any number of other things.

No one has addressed the real problem here. It's all "I want" from each side. Where are the court orders?

When Mom goes back for more support, OP should request firm, enforceable visitation orders that they both have to follow.

In addition, he can request at that time that Mom be ordered to sign the 8332 form.

As for the rest, ignore it. She can't get the IRS to audit 6 years of returns. She's obviously blowing a lot of smoke.

 

[TinkerBelleLuvr]

I'm going to start with the advice of: don't take legal advice from the X.

1. If you court order is from Texas, it's a straight percentage calculation. YOU can do the calculations and see where it takes you.

2. As for the tax issue, yes, TECHNICALLY, the X could file and take both children since she didn't give you a COURT ORDERED 8332, but ... here's where the but is, YOU can take her to court to have her pay all the extra taxes, interest and penalty for HER failure to follow a court order.

Reality is that the IRS is going to do NOTHING about a phone call of that nature. She cannot go back more than 3 years to gain any additional refund if she chooses to amend her return.

In the end, a judge CAN fine her and make her pay any additional monies from HER failure to follow a court order.

Don't take advice from her.

 

[2Mistakes]

Does the court order specifically state that ex is to provide you with a 8332? Or does it just say something along the lines that you can claim (child) every year, without mention of a 8332?

 

[LdiJ]

Does the court order specifically state that ex is to provide you with a 8332? Or does it just say something along the lines that you can claim (child) every year, without mention of a 8332?

I would almost guess that it doesn't mention form 8332. I have rarely seen an order that does.

 

[stealth2]

I would almost guess that it doesn't mention form 8332. I have rarely seen an order that does.

I think mine did. If I think of it later, I'll look.

 

[mistoffolees]

Does the court order specifically state that ex is to provide you with a 8332? Or does it just say something along the lines that you can claim (child) every year, without mention of a 8332?

In the end, it won't matter. TinkerBelleLuvr's post is correct. Even if it doesn't mention the 8332, if Mom tries to take the deduction, she will be in a lot of trouble with the court and will probably have to reimburse Dad for all of his taxes and penalties. If she doesn't try to take it, then there won't be any harm in Dad taking it.

But I would still modify the order to require an 8332 form the next time you're back in court.