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Tax Return Question

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StampGirl

Senior Member
What is the name of your state (only U.S. law)? California

I have a question regarding my income taxes for 2007. Here are the facts:

1. Court order states that Ex can claim all three children as tax dependants. Verbatim the court order reads: "Custodial parent (me) shall sign any and all documents relating to child dependancy in regards to filing any and all tax income statements. NCP (ex) is allowed to claim all three minor children as dependants until each reaches the age of 18yrs old. This is subject to modification." **This was done as at the time of the agreement back in 2004, I was not working. It is modifiable in the event I am employed full-time. I have held a full time position for the last 2yrs but have not taken this issue back to court.

2. After consulting with various tax attorneys here and otherwise, 2 family law attorneys and also an IRS agent (faxed my court order and had her help me), I claimed Head of Household on my income tax for 2007. I was informed that I could do this as my Ex is married etc.

3. I receive paperwork from the IRS asking me to verify my Head of Household status to "see if I used it incorrectly". This freaks me out.

My question is this: Did this get red flagged because my ex actually filed head of household and thus filed seperately from his wife (that doesn't make sense) OR is it because I have never filed HOH before, OR did it get flagged because I claimed HOH and did not claim the child dependant claims (which I am definetly not able to do).

Thanks
 


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Isis1

Senior Member
well, i remember when my two younger kids' father changed his status to head of household, he got a form asking for WHY his status changed. he filled it out, sent it on, and as far as i know, hasn't heard anything since. his tax accountant said not to worry about it.

but this is a question mostly for LD :p.
 
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TinkerBelleLuvr

Senior Member
It's just a verification letter. Now, if you didn't file HOH for either 2005 or 2006 and you were working and/or receiving taxable income, you can also amend those returns.

Just send them copies of the documentation they are asking for. If my memory serves me right, it'll be things like, school registration, doctor's offices, whatever that shows that the children live with you.

Your X will get the dependent exemptions. You qualify to get, as custodial parent, Earned Income Credit and Child & Dependent Care credits.
 
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StampGirl

Senior Member
Ginny J said:
It's just a verification letter. Now, if you didn't file HOH for either 2005 or 2006 and you were working and/or receiving taxable income, you can also amend those returns.

Just send them copies of the documentation they are asking for. If my memory serves me right, it'll be things like, school registration, doctor's offices, whatever that shows that the children live with you.

Your X will get the dependent exemptions. You qualify to get, as custodial parent, Earned Income Credit and Child & Dependent Care credits.
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Even if I signed that form (cant ever remember the number LOL) and the court order says he can claim them???

They sent me a questionairre to fill out. Asking me who the dependants were that I used to claim HOH.

Does that form I signed and the court order give my Ex the right to claim HOH if he indeed filed married/seperately from his wife?? If so , then I need to amend my 2007 returns.
 
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TinkerBelleLuvr

Senior Member
No, it's just a questionaire ... dad should have filed either MFJ or MFS. He cannot file any other way LEGALLY.

As for who you can claim, it's any one of the three girls. Would have thought you would have had daycare credit. Use the same children as listed on the daycare form.
 
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TinkerBelleLuvr

Senior Member
You were divorced in 2004. You would qualify as Head-of-Household for tax years 2004 thru 2008. You got married this year. THIS year, you qualify to file either MFJ or MFS.

Don't worry about your X. You give him the signed 8332 so that he can claim the girls as dependents. That gives him the exemption and the Child Tax Credit.

It. Is. A. Form. Letter. Just fill it out and sent it back.
 
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StampGirl

Senior Member
Ginny J said:
No, it's just a questionaire ... dad should have filed either MFJ or MFS. He cannot file any other way LEGALLY.

As for who you can claim, it's any one of the three girls. Would have thought you would have had daycare credit. Use the same children as listed on the daycare form.
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Ive never had daycare credit. Kids were at my moms etc.
 
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StampGirl

Senior Member
Ginny J said:
You were divorced in 2004. You would qualify as Head-of-Household for tax years 2004 thru 2008. You got married this year. THIS year, you qualify to file either MFJ or MFS.

Don't worry about your X. You give him the signed 8332 so that he can claim the girls as dependents. That gives him the exemption and the Child Tax Credit.

It. Is. A. Form. Letter. Just fill it out and sent it back.
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Yeah I signed it a few months back. Something about he didn't think I had to sign it every year (whatever) and they would't process his stuff without the form.

Ive always signed the form. I guess I am worried that he filed MFS and claimed HOH. *shrug* Don't want to do anythign to mess with the IRS and my court order LOL

However, I am going to file at the end of this year to split up the dependants.
 
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TinkerBelleLuvr

Senior Member
Ive always signed the form. I guess I am worried that he filed MFS and claimed HOH.
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That would be HIS problem. While I'm thinking about it, include the portion of your divorce decree that states he gets all the exemptions, but you have custody. Also include the signature page.
 
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StampGirl

Senior Member
Ginny J said:
You got alimony didn't you? Didn't you file those years?
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Yep I received alimony from 2002-2005. That was the only income I had but I did file. It was about $3600 per year.

The only year I filed HOH was this year because I was under the impression that I couldn't file HOH, child tax credit or EIC.

I amended my 2005 and 2006 returns to include EIC but not HOH.
 
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TinkerBelleLuvr

Senior Member
Check to see if it will actually make any difference in 2005 or 2006. When the income is low enough, the tax tables are the same whether it is Single or HOH. If there is a difference, then you can amend, again.

Just give the IRS the info they are looking for. This is a non-stress issue.
 
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TinkerBelleLuvr

Senior Member
As I read your thread, I give a big sigh .... This is why good tax professionals are worth their weight in gold. Wait ... I would be rich if I had all that gold. I'm one of those that will give you LOTS of information to give you the largest legal tax refund and/or lowest tax bill.

Just email me and I'll walk you thru this stuff. Truly, it is a non-stress issue.
 
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StampGirl

Senior Member
Ginny J said:
Check to see if it will actually make any difference in 2005 or 2006. When the income is low enough, the tax tables are the same whether it is Single or HOH. If there is a difference, then you can amend, again.

Just give the IRS the info they are looking for. This is a non-stress issue.
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I am sure it is. But I don't want to create a mess for myself. I want to make sure I am following all the rules to a T. Esp with the IRS LOL

Its a difference of about $500 for each year I think. Cant remember. I do know I never amended my State returns at all for those years, just Federal. Silly now that I think about it LOL
 
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