Taxes

[Zephyr]

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

My ex sent me a copy of his taxes. On his forms I notice that he claimed our son as a dependent/exemption. 2009 was my year to claim our son and he did sign an 8332.

I had mailed my taxes in before seeing his. As soon as I saw his I called him and left a message pointing out the error. I suggested that he file an amended return. I have not heard back from him- not unusual- I never do unless he wants something.

How do I fix this so 1. I don't get into trouble with the IRS and 2. I get the tax benefit I am entitled to?

Is this one I would handle through the family court with a contempt motion or should I skip that and contact the IRS directly?

 

[TinkerBelleLuvr]

YOU don't have to do anything since it appears that YOU had the right to claim the child in 2009. What will happen is that later in the year, BOTH parties will be sent paperwork so that the IRS can figure out WHO should have claimed the child. The losing party will have to repay the IRS.

2009 was my year to claim our son and he did sign an 8332.

I take it that the court papers designate that you have the right to claim child in 2009?

 

[Zephyr]

YOU don't have to do anything since it appears that YOU had the right to claim the child in 2009. What will happen is that later in the year, BOTH parties will be sent paperwork so that the IRS can figure out WHO should have claimed the child. The losing party will have to repay the IRS.



I take it that the court papers designate that you have the right to claim child in 2009?

yes- very clear in the paperwork that HIS attorney drew up.

That has been an ongoing issue- him and his attorney re-interpreting the order to suit their wants on a particular- regardless of the wording they used in the court order. I would like to think that someone with a JD degree has a strong enough grasp on the English language to be able to write what they mean....but I have been wrong before

So I do nothing? Just wait for it? Geez, that so goes against my personality LOL

 

[TinkerBelleLuvr]

As long as you have a court order that states you have the right to claim the child AND you have the 8332, you are in good standing.

Regardless of whether he claims the child or not, the X is the only one who has a right to claim EIC and Child and Dependent Care Credit. It could be the lack of understanding on either his part, or the tax preparer that caused him to do it.

He'll get to repay the portion that he received for claiming the child that he wasn't allowed to do per the court order.

Look for paperwork probably later in the summer. Just fill it out AND provide copies of everything that you have.

Curiousity: since you sent in a paper return, did you send it with a copy of the signed 8332?

 

[Zephyr]

As long as you have a court order that states you have the right to claim the child AND you have the 8332, you are in good standing.

Regardless of whether he claims the child or not, the X is the only one who has a right to claim EIC and Child and Dependent Care Credit. It could be the lack of understanding on either his part, or the tax preparer that caused him to do it.

He'll get to repay the portion that he received for claiming the child that he wasn't allowed to do per the court order.

Look for paperwork probably later in the summer. Just fill it out AND provide copies of everything that you have.

Curiousity: since you sent in a paper return, did you send it with a copy of the signed 8332?

Jane asked me that same thing LOL- and now I am questioning myself, I made a copy of it I am sure, but with all of the other copies and schedules and forms (I had to do a 1040x) I really am not 100% positive that I did put it with everything else. I think I did but don't specifically remember doing so if that makes sense. I do have the original here and have not come across the copy so I even further think I did.

I was a tad overwhelmed, I usually do the taxes online and never have to worry about all the paper. So I am really second guessing myself on the taxes this year, (not my right to claim) just having all the forms, schedules and W2's.

But if the 8332 isn't in the huge bundle I sent (and I think it is) I do have the original to copy and send again if needed.

 

[LdiJ]

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

My ex sent me a copy of his taxes. On his forms I notice that he claimed our son as a dependent/exemption. 2009 was my year to claim our son and he did sign an 8332.

I had mailed my taxes in before seeing his. As soon as I saw his I called him and left a message pointing out the error. I suggested that he file an amended return. I have not heard back from him- not unusual- I never do unless he wants something.

How do I fix this so 1. I don't get into trouble with the IRS and 2. I get the tax benefit I am entitled to?

Is this one I would handle through the family court with a contempt motion or should I skip that and contact the IRS directly?

You have a signed form 8332. All you have to do is provide a copy to the IRS when they ask you for it. Otherwise, he is the one who is sol.