Ex wife has no parental rights using kids

[Zigner]

The OP states that he is not claiming the children on his taxes. I wonder who IS claiming the children... I also wonder who actually has custody of the children.

 

[LdiJ]

The OP states that he is not claiming the children on his taxes. I wonder who IS claiming the children... I also wonder who actually has custody of the children.

Posting history. Dad is not a total newbie and he does have custody.

 

[Zigner]

Posting history. Dad is not a total newbie and he does have custody.

Why would he not be claiming the children? I could make some guesses, but I'd like the OP to respond.

 

[45Frank]

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

Simple. I was getting a check weekly for child support, one week they stopped, I called and asked what was the dillio and was told the IRS was intercepting them until she was paid up. I just never cared because the money was just extra and I never relied on it. Now I do care because it was never added back into CS(arrears) I was told once it leaves CS they have no care.
I have an appointment with the IRS to figure this out, also it wouldn't surprise me if she used my SS number someplace along the line.

 

[45Frank]

The OP states that he is not claiming the children on his taxes. I wonder who IS claiming the children... I also wonder who actually has custody of the children.

I have full custody and she has no parental rights, even though some here don't believe it.
I sort of found out by accident she and her husband are claiming my kids, i was told I signed some sort of form allowing them to.

This was my original question. If she has no parental rights how can she claim them? Also what kind of form would I have filled out allowing her? I don't even talk to her because there is a FRO.

I apologize for the who is claiming them. some years I do some years I don't make enough to even file. Sorry!

 

[LdiJ]

Why would he not be claiming the children? I could make some guesses, but I'd like the OP to respond.

He answered that question in post number 13. His income is not "earned income" therefore he has the potentially mistaken idea that that it would not do any good to claim the children.

 

[Zigner]

He answered that question in post number 13. His income is not "earned income" therefore he has the potentially mistaken idea that that it would not do any good to claim the children.

Fair 'nuf!

 

[LdiJ]

I have full custody and she has no parental rights, even though some here don't believe it.
I sort of found out by accident she and her husband are claiming my kids, i was told I signed some sort of form allowing them to.

This was my original question. If she has no parental rights how can she claim them? Also what kind of form would I have filled out allowing her? I don't even talk to her because there is a FRO.

I apologize for the who is claiming them. some years I do some years I don't make enough to even file. Sorry!

The form they are talking about is form 8332. You can revoke that form if you want to. That way, even if it was forged by them they will be sol. You can download form 8332 at irs.gov and then fill out the section revoking it. From that point on you should claim your children every year even if you don't think its going to do you any good.

One other thing that you should be aware of, the IRS has no way of knowing that someone claiming a child is not the custodial parent or has had their parental rights terminated. Therefore, unless there is a duplicate claim or the taxpayer goes up against a random audit, they can get away with claiming their own children even when they are not supposed to do so. You basically allowed them to get away with it when you did not claim your children yourself.

 

[45Frank]

First off in this huge federal building that has no windows and looks like it could withstand a nuclear attack there is ONE IRS agent, that's it ONE. Hallways are maybe 30" wide, all concrete all the way around, between 90* and 95*, all thick locked doors and guards walking every hallway. What a waste, she could be in a 5'x5' rented office space.

Took me a while to mellow out after my tout with the IRS, nothing personal but I have talked to 5 yr old children with more sense and brains then the numbskull I talked with.
OK is all I asked was WHY THEY INTERCEPTED MY MONEY FOR HER LIABILITY? (From memory $5,000.00 or so) The women refused to answer my question, she went into what was like a prerecorded diarrhea of the mouth scenario that was nothing about my question. It was simple why did you take money from me? She looked it up and said yes we did. OK now how much did the IRS take of MY MONEY? I can not answer because it was your Ex-Wives liability. I said OK we agree lets forget about her for a minute. If it's her liability why did you take it from me and how much was it? I can't answer that. I asked really so you can take money from anyone and not tell them why? Yes but if it's their liability we can tell them. What a waste of three hours of my life.
Also asked her what the perimeters were for claiming a child on your taxes for EIC and such. She pulls out a piece of paper and says go home, get on a computer go to IRS.guv and search. I said can you look it up for me since you have the computer right there and print it out. No sir we can't give advice, but mam I'm not asking for advice just what the law is. Takes the paper again and explains how to do a search on IRS.gov. No wonder our country is in the condition it is.

So without going to a Tax attorney can someone tell me how to find out WHY THEY TOOK MY MONEY AND HOW MUCH IT WAS?
Also what are the perimeters are for taking a child for deductions? Your child, parent, live with you and so on?

I know some are going to say why didn't you keep track and such but I just didn't care much until I was told I have to pay back money I never received. I am a mellow old laid back person who wants nothing from no one. But don't want to be ripped off either.

 

[LdiJ]

First off in this huge federal building that has no windows and looks like it could withstand a nuclear attack there is ONE IRS agent, that's it ONE. Hallways are maybe 30" wide, all concrete all the way around, between 90* and 95*, all thick locked doors and guards walking every hallway. What a waste, she could be in a 5'x5' rented office space.

Took me a while to mellow out after my tout with the IRS, nothing personal but I have talked to 5 yr old children with more sense and brains then the numbskull I talked with.
OK is all I asked was WHY THEY INTERCEPTED MY MONEY FOR HER LIABILITY? (From memory $5,000.00 or so) The women refused to answer my question, she went into what was like a prerecorded diarrhea of the mouth scenario that was nothing about my question. It was simple why did you take money from me? She looked it up and said yes we did. OK now how much did the IRS take of MY MONEY? I can not answer because it was your Ex-Wives liability. I said OK we agree lets forget about her for a minute. If it's her liability why did you take it from me and how much was it? I can't answer that. I asked really so you can take money from anyone and not tell them why? Yes but if it's their liability we can tell them. What a waste of three hours of my life.
Also asked her what the perimeters were for claiming a child on your taxes for EIC and such. She pulls out a piece of paper and says go home, get on a computer go to IRS.guv and search. I said can you look it up for me since you have the computer right there and print it out. No sir we can't give advice, but mam I'm not asking for advice just what the law is. Takes the paper again and explains how to do a search on IRS.gov. No wonder our country is in the condition it is.

So without going to a Tax attorney can someone tell me how to find out WHY THEY TOOK MY MONEY AND HOW MUCH IT WAS?
Also what are the perimeters are for taking a child for deductions? Your child, parent, live with you and so on?

I know some are going to say why didn't you keep track and such but I just didn't care much until I was told I have to pay back money I never received. I am a mellow old laid back person who wants nothing from no one. But don't want to be ripped off either.

Ask for an itemized accounting from the CSE for the child support account for your children. That should show what monies were taken by the IRS. For the life of me however, I cannot figure out how the IRS managed to do that. Its literally unheard of. I am beginning to wonder if it had something to do with the fact that she keeps opening child support cases against you in NJ. I am wondering if someone the CSE in NJ showed that money as a credit to her instead of you and that is somehow, how it got taken. Again though, this is really unheard of.

Also, I will try to give you a breakdown of the tax attributes for children:

Tax exemption: Maybe be claimed by the custodial parent (defined by the IRS as the parent with who the children spend more nights on an annual basis)...or the non-custodial parent if the custodial parent signs form 8332.

Child Tax Credit: Same as above.

Additional Child Tax Credit: Same as above.

Education Credits: Same as above.

Child Care Credit: May only be claimed by the custodial parent. Does not transfer to the non-custodial parent with form 8332. Non-custodial parent may never take this credit.

EIC: May only be claimed by the custodial parent. Does not transfer to the non-custodial parent with form 8332. Non-custodial parent may never take this credit.

Head of Household (for parents who are not currently married or were separated for the last half of the tax year): May only be claimed by the custodial parent. Does not transfer to the non-custodial parent. Non-custodial parent may never claim HOH unless they have other qualifying children living with them.

The last three items may be claimed by the custodial parent EVEN if the first 4 items are being claimed by the non-custodial parent via form 8332.

 

[davew128]

If you're not willing to go to the IRS website yourself and download your tax history transcripts, you need to get someone else to do it.

 

[LdiJ]

If you're not willing to go to the IRS website yourself and download your tax history transcripts, you need to get someone else to do it.

Huh? What am I missing? I am not seeing anything here that would benefit from a transcript.

 

[45Frank]

If you're not willing to go to the IRS website yourself and download your tax history transcripts, you need to get someone else to do it.

It's not my taxes that are the problem. Other then one year when I had my own business I have never had a problem with the IRS and that was a long time ago. My taxes are just fine.

I was receiving child support for my two children,
it stopped,
weeks or months later I called CS to see what happened,
they looked into it and said the IRS was taking it AFTER it left them so to bad contact the IRS,
I did and was basically told we know where you are not her,
I just said oh well who cars it was only like $17.00 per week,
I never received any CS for a pretty long time.
Now CS wants money back from me that I never received it went to the IRS, they know this and admit it but will not tell me amount because it's her Liability.
Now I went to the IRS and was told it was her liability so they will give me no information at all even though they admit they took it from me.

 

[45Frank]

Ask for an itemized accounting from the CSE for the child support account for your children. That should show what monies were taken by the IRS. For the life of me however, I cannot figure out how the IRS managed to do that. Its literally unheard of. I am beginning to wonder if it had something to do with the fact that she keeps opening child support cases against you in NJ. I am wondering if someone the CSE in NJ showed that money as a credit to her instead of you and that is somehow, how it got taken. Again though, this is really unheard of.

Also, I will try to give you a breakdown of the tax attributes for children:

Tax exemption: Maybe be claimed by the custodial parent (defined by the IRS as the parent with who the children spend more nights on an annual basis)...or the non-custodial parent if the custodial parent signs form 8332.

Child Tax Credit: Same as above.

Additional Child Tax Credit: Same as above.

Education Credits: Same as above.

Child Care Credit: May only be claimed by the custodial parent. Does not transfer to the non-custodial parent with form 8332. Non-custodial parent may never take this credit.

EIC: May only be claimed by the custodial parent. Does not transfer to the non-custodial parent with form 8332. Non-custodial parent may never take this credit.

Head of Household (for parents who are not currently married or were separated for the last half of the tax year): May only be claimed by the custodial parent. Does not transfer to the non-custodial parent. Non-custodial parent may never claim HOH unless they have other qualifying children living with them.

The last three items may be claimed by the custodial parent EVEN if the first 4 items are being claimed by the non-custodial parent via form 8332.

Thank you this answered my question about her taking my kids as a deduction and so on.

 

[davew128]

Huh? What am I missing? I am not seeing anything here that would benefit from a transcript.

OP's money is being taken. You don't think for one second that reviewing OP's tax account transcripts for all years open for the collections statute is worth a look?