Ex wife has no parental rights using kids

[45Frank]

What is the name of your state (only U.S. law)? NC
While getting all kinds of paperwork together from the IRS because they took money from child support due me to satisfy my ex-wife's and her husband's debt I found out she has collected thousands in returns using my kids as a deduction as well the EIC.
She doesn't have parental rights and she filed papers saying I said it was OK. No such thing has ever happened.
With her not having parental rights if I contact the IRS and rat her out will they go after her?
I'm guessing it's about 15 thousand over several years.

 

[RRevak]

What is the name of your state (only U.S. law)? NC
While getting all kinds of paperwork together from the IRS because they took money from child support due me to satisfy my ex-wife's and her husband's debt I found out she has collected thousands in returns using my kids as a deduction as well the EIC.
She doesn't have parental rights and she filed papers saying I said it was OK. No such thing has ever happened.
With her not having parental rights if I contact the IRS and rat her out will they go after her?
I'm guessing it's about 15 thousand over several years.

Have you been filing your children on your taxes during that time?

 

[Proserpina]

What has happened between 2012 and now?

 

[davew128]

Why is the IRS taking child support due to YOU? Beyond that, what she does on her returns doesn't affect you unless you're both claiming the children (which you didn't state). As for "ratting people out", we don't Jerry Springer here.

 

[45Frank]

No I did not take them as a deduction.
The reason the IRS took money from me as they said "we know where you are not her". I have no idea why they took her back taxes from me since we had been divorced for around 6-8 years at the time. As far as ratting her out she has no parental rights and also someone forged my name on a form saying I have her permission. Not!
My ex is an ex com and has been driving of nuts for years. I have a thread under child custody and visitations.

 

[Ohiogal]

No I did not take them as a deduction.
The reason the IRS took money from me as they said "we know where you are not her". I have no idea why they took her back taxes from me since we had been divorced for around 6-8 years at the time. As far as ratting her out she has no parental rights and also someone forged my name on a form saying I have her permission. Not!
My ex is an ex com and has been driving of nuts for years. I have a thread under child custody and visitations.

Your ex does have parental rights. You need to come to a complete understanding of the actual facts before you ask a question. Why haven't you been claiming your children as a deduction?

 

[45Frank]

Your ex does have parental rights. You need to come to a complete understanding of the actual facts before you ask a question. Why haven't you been claiming your children as a deduction?

No she gave them up years ago, she wanted nothing to do with them. If you look at my other thread you will see it explained. I even put word for word what the judge said. How would you know she didn't give them up?

 

[Ohiogal]

No she gave them up years ago, she wanted nothing to do with them. If you look at my other thread you will see it explained. I even put word for word what the judge said. How would you know she didn't give them up?

She may not have visitation but she has child support obligations. Therefore she has PARENTAL RIGHTS.

 

[45Frank]

She may not have visitation but she has child support obligations. Therefore she has PARENTAL RIGHTS.

You really should not be giving advice since you do not know the law. In NJ given up PR does not give up CS. FACT it's in my other thread. Even though the kids and I live in NC she still lived in NJ and as long as one of us does they follow that law. As per my attorney and two NJ Judges.

NJ law states that terminating parental rights does not terminate child support, but rather only emancipation or adoption would terminate child support.
Monmouth County Div. of Social Services for D.M. v. G.D.M., 308 N.J.Super. 83 (Ch.Civ1997)("as a general rule, a parent is obligated to contribute to the basic support needs of an unemancipated child to the extent of the parents financial ability irrespective of the quality of the relationship between them.") and other cases are listed. Then it says child support shall continue unless and until the court specifically orders otherwise, based upon the principles established in the case law noted above.

I have several times in court said I DON"T WANT THE CS but NJ is insisting on it! The above was quoted by the NJ CS hearing officer and two Judges in NJ.
It must be terminated in NC because the kids live here. She just has never done what she has been told by the NJ Judges, CS hearing officer or anyone else. She is looking for a big payday is all. I finally went to the CS division here in my county and it would take her less then 5 minutes of paperwork, I am going to do it just so she will go away. My attorney here in NC will do nothing more as my attorney in NJ, he wouldn't even show for the last hearing in NJ.

 

[Ohiogal]

You really should not be giving advice since you do not know the law. In NJ given up PR does not give up CS. FACT it's in my other thread. Even though the kids and I live in NC she still lived in NJ and as long as one of us does they follow that law. As per my attorney and two NJ Judges.

I have several times in court said I DON"T WANT THE CS but NJ is insisting on it! The above was quoted by the NJ CS hearing officer and two Judges in NJ.
It must be terminated in NC because the kids live here. She just has never done what she has been told by the NJ Judges, CS hearing officer or anyone else. She is looking for a big payday is all. I finally went to the CS division here in my county and it would take her less then 5 minutes of paperwork, I am going to do it just so she will go away. My attorney here in NC will do nothing more as my attorney in NJ, he wouldn't even show for the last hearing in NJ.

You have a good life. Also realize that unless you are remarried and your current spouse ADOPTED your child through a stepparent adoption, your ex's rights were NOT terminated. The only one who could do that is the Department of Child Protection. Or whatever NJ calls it.

 

[Ohiogal]

Oh and to back up what I am saying:
http://www.lsnjlaw.org/publications/pages/manuals/terminationparentalrights.pdf
http://www.weinsteinlawoffice.com/can-a-parent-terminate-their-rights-in-a-new-jersey-custody-case.html

So when was DCP involved with your child?

 

[LdiJ]

No I did not take them as a deduction.
The reason the IRS took money from me as they said "we know where you are not her". I have no idea why they took her back taxes from me since we had been divorced for around 6-8 years at the time. As far as ratting her out she has no parental rights and also someone forged my name on a form saying I have her permission. Not!
My ex is an ex com and has been driving of nuts for years. I have a thread under child custody and visitations.

The IRS CANNOT take money from someone who is not on the tax return as either the primary filer or the joint filer. If the IRS is taking money from you then the debt is for a tax year where the two of you filed together. The IRS also wouldn't take money from "child support". They do not have the ability to do that. If you are expecting to get money from your ex-wife's refund because she is behind on child support, then please understand that IRS or other government tax debt comes first, child support offsets come second.

I agree with Ohiogal. I do not think that you are asking the right questions because you either don't fully understand your own situation or you are using wrong terminology.

Why are you not claiming your own children if you have primary custody?

 

[45Frank]

Oh and to back up what I am saying:
http://www.lsnjlaw.org/publications/pages/manuals/terminationparentalrights.pdf
http://www.weinsteinlawoffice.com/can-a-parent-terminate-their-rights-in-a-new-jersey-custody-case.html

So when was DCP involved with your child?

Please read the post before answering.
Her parental rights were terminated in NORTH CAROLINA where we live and lived for years before they were terminated.
I have all the paperwork from my lawyer in NJ and NC as well as a letter I signed and sent to terminate CS. The county sent us all back a letter saying said county in NJ will not terminate Child Support. Only the CS stood in NJ because SHE RESIDED THEIR. This was said in a letter to us by County Probation.
And yes all of the criteria for NC was met, I had to come up with a good pile of documentation and all had to from different agencies in both states. She spends most of her time stoned on pills and has put their life in danger several times.
I don't want anything from her but she wants all the CS she paid for even before.
As for taxes my income doesn't come from earned income I have other investments and using them as deductions wouldn't matter. I am not a money hungry person but a laid back and to passive at that.
As far as the taxes the county said and have admitted the IRS took taxes (no kidding) but will not forward any information because it's her taxes not mine. I have an appointment on Mon. with the IRS to see why they took MY MONEY. She is an Ex-Con and has spent time in jail for fraud and using others ID so she may have used my SS number someplace along the line.

 

[Ohiogal]

Please read the post before answering.
Her parental rights were terminated in NORTH CAROLINA where we live and lived for years before they were terminated.
I have all the paperwork from my lawyer in NJ and NC as well as a letter I signed and sent to terminate CS. The county sent us all back a letter saying said county in NJ will not terminate Child Support. Only the CS stood in NJ because SHE RESIDED THEIR. This was said in a letter to us by County Probation.
And yes all of the criteria for NC was met, I had to come up with a good pile of documentation and all had to from different agencies in both states. She spends most of her time stoned on pills and has put their life in danger several times.
I don't want anything from her but she wants all the CS she paid for even before.
As for taxes my income doesn't come from earned income I have other investments and using them as deductions wouldn't matter. I am not a money hungry person but a laid back and to passive at that.
As far as the taxes the county said and have admitted the IRS took taxes (no kidding) but will not forward any information because it's her taxes not mine. I have an appointment on Mon. with the IRS to see why they took MY MONEY. She is an Ex-Con and has spent time in jail for fraud and using others ID so she may have used my SS number someplace along the line.

You go have a good life.

 

[LdiJ]

Please read the post before answering.
Her parental rights were terminated in NORTH CAROLINA where we live and lived for years before they were terminated.
I have all the paperwork from my lawyer in NJ and NC as well as a letter I signed and sent to terminate CS. The county sent us all back a letter saying said county in NJ will not terminate Child Support. Only the CS stood in NJ because SHE RESIDED THEIR. This was said in a letter to us by County Probation.
And yes all of the criteria for NC was met, I had to come up with a good pile of documentation and all had to from different agencies in both states. She spends most of her time stoned on pills and has put their life in danger several times.
I don't want anything from her but she wants all the CS she paid for even before.
As for taxes my income doesn't come from earned income I have other investments and using them as deductions wouldn't matter. I am not a money hungry person but a laid back and to passive at that.
As far as the taxes the county said and have admitted the IRS took taxes (no kidding) but will not forward any information because it's her taxes not mine. I have an appointment on Mon. with the IRS to see why they took MY MONEY. She is an Ex-Con and has spent time in jail for fraud and using others ID so she may have used my SS number someplace along the line.

Please explain exactly how the IRS took YOUR MONEY. You are totally being unclear on that part.

Whether or not your income comes from earned income has nothing to do with whether or not it is beneficial for you to claim your children's exemptions on your tax return. There are 5 tax attributes for children and only two of them have anything to do with earned income.