Taxes

[WyattJ]

Taxes, Insurance, and everything else

What is the name of your state? Illinois

In my judgement of parentage papers it states:

That the Respondent mother shall have the exclusive right to claim the parties’ minor child on her yearly Federal and State income tax returns.

My ex told me last night that he has always claimed our son on his taxes. I know that I have two years of proof that he has due to the fact I received a letter from the IRS both years saying that the same SS# is being used (my son's). I wrote the IRS the second year I received a letter and asked them to review my ex's taxes whatever and gave them a copy of our papers that state only I get to claim. Since then I have not received any statement or paper that the same SS# of my son's has been used.

What do I now to get him to stop with proof besides those two years. I kept a copy of letters from the IRS and a copy of the letter that I wrote to the IRS, but that was two years ago. I thought since then that he had stopped but of course, he told me over the phone last night that he has not. He also told me he never got a letter from the IRS at all.

All he had to say was "you still got your refund right"? but that is not the point. One of these days hopefully they will get to the buttom of this but what to do till then. I am tired of him doing this? I know I could go for Contempt of Court but any other advice, suggestion would sure help.

P.S. For those who help me with the situation with the insurance cards - UPDATE! I also spoked with him last night regarding those and he still refuses and I finally got it out of him why he won't let me have them. #1 - He says that I would quit calling him regarding the child's medical issues (which I can not anyway - it states in our papers we have to call each other regardless) #2 He is saying that I am irresponsible - How does he know? He never gave me a chance to prove myself. So all is he saying now is that if I ever get a hold of his insurance card he will quit his job - I know he won't he has a girlfriend and child living with him now that he has to support.

Also he is stating that I am in fraud because I have a Illinois Medical Card and still using it and not his insurance...well like I told him if he would show up to doctor's appointment ect...then I could use his too. I will always use my card even if he is there - which is not often.

Plus my son has been sick the last 2 weeks due to the flu - while staying with his dad for 5 days to make sure he got his Christmas vacation time in they went through a whole bottle of children's ibuprofen and Rob. w/ Cod. and now twice this week I have had to take our son to Peoria - way out of the way from where I live. The dad did come and used his insurance card and I also used mine.

So now he is saying " I know what your thinking - you are blaming me for our son having kidney problems." Well I couldn't lie to him. I already showed the family doctor at home all the meds he was taking at the time at dads. Anything I could do about the legally?

Thanks for taking the time to read this. I know I have three different issues going on but it just happen to happen all at once.

 

[jez51]

On your Tax issue

Until IRS really comes down on him(and they will), keep filing a paper return with a copy of your order. This will help IRS process your return without confusion, and it will flag his.
On your medical card, have you told your case worker that your ex carries insurance but won't let you use it? Maybe a little letter from the state advising him that he will have to re-imburse them will change his attitude.

 

[WyattJ]

He has been claiming our son for the last 8 years - my son is now 9...lol When are they going to get him?

The ex said that he has called the told them he is providing insurance but I guess I could go and take care of that myself. He said that they sent a letter for a update on him. To make sure he has insurance and to check to see what he is making now to see about CS.

Thanks for the suggestions.

 

[jez51]

He has been claiming our son for the last 8 years - my son is now 9...lol When are they going to get him?
Thanks for the suggestions.

8 Years! LOL, well now be patient, the IRS can be slow. That or the Ex is stringing you along. Do you get a letter every year?

 

[WyattJ]

No I never got a letter every year but with my husband sitting here the other night while I was talking to him on the phone - he was saying that he has claimed every year because I have not worked! He couldn't be more wrong. Yes 6 years ago I was not working for a period of two years and he claimed. I didn't say anything but he still was not suppose to do it. I asked the ex if he ever recieved a letter from the IRS and he said "no", so maybe he is stringing me along but I do worry about it. Its wrong if he is. I don't want to lose money over him, which I shouldn't anyway.

And now we have this new year and I have a feeling he might go and do it again. I have worked the last 6 years and so my husband & I both do joint taxes. I don't want my husband to hurt either in this. I will have to continue what I have been doing. Keep sending them a letter regardless.

 

[jez51]

Trust me, if he "is" claiming your son for the same tax year you are, IRS will catch it immediately, and hold up both returns till they decide who is entitled to claim the dependent. So yes just keep doing what you are doing, and you'll be alright! Sounds like your Ex looks for ways to antagonize you....

 

[haiku]

Are YOU claiming your son at the same time? I find it odd the IRS is giving the deduction to both of you and not flagging at least one of the returns?

Now on years you did not claim him because you were not working, technically speaking there was no harm in your ex taking the return (especially if he was current in support) other than he was still in contempt for it. One parent should at least benefit. if a person makes under 20000.00 a year the deduction is useless to them to help thier return anyway.

Now on the years you needed to take your rightful deduction he was wrong, and still in contempt.

The IRS may not care which parent takes the deduction, but the court does. you need to gather up your past returns, and add up what you lost by not being able to claim your rightful deduction. (a trip to HR Block maybe)

than you take your proof to court and ask that he pay you back the money you lost.

 

[WyattJ]

I did not lose any money....I got all my returns. Yes the years I was not working I really didn't say much when he did file. But he is still wrong for those years because he never had me sign anything. But what I am concerned with now is that he still claiming and so his my husband & I.

IRS has never really flagged our returns just sent me a paper saying that the same SS# is being used.

 

[TNBSMommy]

When they do finally get around to flagging your's and his returns, and they will, they caught up with ours when my ex and I both claimed the children ( I didn't know he did). Be prepared to show proof you physically supported your son. I had to send in Med. records, school records, birth cert., SS cards, a notarized letter from the baby sitter I used. Anything I could come up with to prove I had them over that year, I think it was almost two years after the fact, and he only did it once, to my knowledge. I dont think you will have to worry about losing any of your return as long as you can show more proof you supported him, than he can.

Good luck!

PS, I am surprised they are taking this long to do anything, I got a letter saying there the number was claimed twice the year after and then it was another year before I received a packet saying I had to show proof of supporting the children. I know they had to pay back the money b/c they told me how much they were supposed to get, and how much they got, and I got some for CS, so they only got what the wife would have gotten after claiming injured spouse. But they claimed they never received anything from the IRS saying whether they sent enough proof or not. I did. I got a letter saying nothing would change on my taxes and got my full refund.

 

[WyattJ]

Its not really that I have waited this long its just that I haven't received anything from them any more since I wrote to them. But the ex is still claiming that he is doing claiming our son. I don't know what more I can do.

Out of 8 years of him claiming our son I only recieved 2 letters year after year, after the second year I wrote them and sent them copy's stating that I have the right to claim our son. Since then I have not heard from the IRS or any letter claiming the same SS#.

 

[TNBSMommy]

I wouldnt worry about it. I wonder how much of what he is telling you is true though. They caught up with my ex pretty quick, compared to your situation, I mean, I am not saying two years is quick. They will catch up with him eventually.

Take care!

 

[monnickasmommy]

Have you ever e-filed taxact.com is a good web site you will get your refund faster than he will get his done lol... If you do it right when you get your tax info from your job. This is what we have to do so my husbands ex wife won't file on his daughter durning his years. Those letters from the irs are about stupied, I have one too.. she claimed child not in her year, so we called and they said don't worry about it. Then why waste the Federal money on a stamp if it is nothing to worry about