What would be the best option at this point?

[AkersTile]

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

According to Hubby's CO, he is to claim his and ex-wife's 2 youngest children on taxes every year. Mom is to claim their 2 oldest children on taxes every year. Court order specifically states:

"Dependency Exemption
Mother shall be entitled to declare the minor children, ALA and KMA as her dependents on Federal and State Income Tax Returns and to claim the accompanying deduction and tax credits for said minor children Every Year.
Father shall be entitled to declare the minor children, CMA and ALA as his dependents on Federal and State Income Tax Returns and to claim the accompanying deduction and tax credits for said minor children Every Year.
Each party shall, not later than January 31st each year, execute and deliver to the other party all necessary waivers and other documents necessary to accomplish the purpose of this provision, including, but not limited to IRS Form 8332."

Yes, there are 2 ALA's. 2 of the girls have the same initials. I e-filed our joint return, pretty much same info as last year with a change in income. It got rejected because Mom has already claimed all 4 children on this year's taxes. I called the IRS and was told to file a paper return. No biggie, but it will take a little longer to get our return back. However, I was wondering if we should also send in school records, dr records, court order, or something showing that the kids did in fact live with Dad and Mom fraudulently claimed them to expedite the process of getting our return back.

Thanks in advance!

 

[TheGeekess]

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

According to Hubby's CO, he is to claim his and ex-wife's 2 youngest children on taxes every year. Mom is to claim their 2 oldest children on taxes every year. Court order specifically states:

"Dependency Exemption
Mother shall be entitled to declare the minor children, ALA and KMA as her dependents on Federal and State Income Tax Returns and to claim the accompanying deduction and tax credits for said minor children Every Year.
Father shall be entitled to declare the minor children, CMA and ALA as his dependents on Federal and State Income Tax Returns and to claim the accompanying deduction and tax credits for said minor children Every Year.
Each party shall, not later than January 31st each year, execute and deliver to the other party all necessary waivers and other documents necessary to accomplish the purpose of this provision, including, but not limited to IRS Form 8332."

Yes, there are 2 ALA's. 2 of the girls have the same initials. I e-filed our joint return, pretty much same info as last year with a change in income. It got rejected because Mom has already claimed all 4 children on this year's taxes. I called the IRS and was told to file a paper return. No biggie, but it will take a little longer to get our return back. However, I was wondering if we should also send in school records, dr records, court order, or something showing that the kids did in fact live with Dad and Mom fraudulently claimed them to expedite the process of getting our return back.

Thanks in advance!

How can Mom (or anyone) have filed when today was the first day of the IRS accepting returns?

File paper form and have the proof ready when the IRS asks for it.

If Mom is claiming EIC on those children, she's going to be in trouble with the Feds.

 

[AkersTile]

Geekess,

I e-filed today, and I'm guessing Mom did too since ours was rejected. I got the e-mail that it was rejected within a couple hours of filing. I will print off the forms and everything tomorrow (irritating printer decided it wanted to run out of ink a few days ago, so I need to buy more) and mail them in. Thanks so much for your quick reply!

 

[TinkerBelleLuvr]

Who has custody of the kids?

 

[TheGeekess]

Who has custody of the kids?

If I'm remembering correctly from AT's other posts, Dad has custody.

 

[LdiJ]

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

According to Hubby's CO, he is to claim his and ex-wife's 2 youngest children on taxes every year. Mom is to claim their 2 oldest children on taxes every year. Court order specifically states:

"Dependency Exemption
Mother shall be entitled to declare the minor children, ALA and KMA as her dependents on Federal and State Income Tax Returns and to claim the accompanying deduction and tax credits for said minor children Every Year.
Father shall be entitled to declare the minor children, CMA and ALA as his dependents on Federal and State Income Tax Returns and to claim the accompanying deduction and tax credits for said minor children Every Year.
Each party shall, not later than January 31st each year, execute and deliver to the other party all necessary waivers and other documents necessary to accomplish the purpose of this provision, including, but not limited to IRS Form 8332."

Yes, there are 2 ALA's. 2 of the girls have the same initials. I e-filed our joint return, pretty much same info as last year with a change in income. It got rejected because Mom has already claimed all 4 children on this year's taxes. I called the IRS and was told to file a paper return. No biggie, but it will take a little longer to get our return back. However, I was wondering if we should also send in school records, dr records, court order, or something showing that the kids did in fact live with Dad and Mom fraudulently claimed them to expedite the process of getting our return back.

Thanks in advance!

NO

Do not send any kind of proof with the return now. Wait until or unless the IRS asks you for it. Otherwise, it will end up getting separated from your paper return.

 

[AkersTile]

My quote function does not work, so I'll reply this way.

Tink~ They have joint physical and legal. Dad has primary physical. They live with Dad, go to school in Dad's district. Mom has them EOW 1/2 the time and EOSat overnight the other 1/2, she also had them 1 week over the summer, except for oldest whom she has had 14 overnights with since Jan 1, 2012.

LdiJ~ Thanks! That's what I am going to do. Getting ink today so I can print off the federal tax forms, and the state for 4! different states. Gotta love Dad's job LOL

Every year since 2006, we have claimed all the kiddos. 2011 was Mom's first year claiming any of them and she claimed the 2 oldest per the CO, but we still claimed the EIC for all of them, since they lived here. I called IRS last year to verify that that is what we were supposed to do before we filed

2006 taxes we filed separately since we weren't married yet, but Dad didn't get his back until Oct that year due to Mom claiming all the kiddos and that she ran a daycare. Dad had to show proof that they lived with him. Mom's Mom filed fraud with the IRS that year because Mom was incarcerated the majority of the year and did not have the kiddos or have a daycare.

 

[TinkerBelleLuvr]

The tax return won't necessarily be extremely delayed. What will happen is that BOTH parties will receive letters saying that the same children were claimed and will ask THEN for proof.

 

[AkersTile]

Tink~
That's what I'm hoping for. The transmission in the van is severely slipping and I don't happen to have and extra $2K to get it replaced, so hopefully IRS will be nice and issue the return ASAP.

I highly doubt Dad providing the proof will be an issue. LOL. I think the issue will be more along the lines of will they have enough room for all the proof. We have school records, dr records, counseling, dfs, the court order, and on and on and on.

As far as I know, Dad was going to call his lawyer about it as well, so this issue will probably be brought up along with the contempt charges and modification that they are going to court for.

 

[TinkerBelleLuvr]

Only the custodial parent is entitled to the child care credit and EIC. Depending the ages of the children, you may want to address the oldest child's dependency depending on whether a parent is paying for college.

 

[AkersTile]

Tink~
Oldest is only 14, so college isn't an issue yet, but I am pretty sure that Dad and his attorney have something in the modification about who claims kiddos for college and who pays college expenses, etc. I think that will all be handled in March when they go to court for the contempt and modification. Thanks for bringing that up though, I will talk to Dad about it tonight to make sure it's being taken care of.