Ex wrongfully claimed a child... help

[dolphinfrk1129]

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

I have twin boys and I am the noncostodial parent, I did have the costodial parent sign the 8332 form back in 2001. I have never had a problem with filing for one of my children as agreed in the form, but after my ex had gotten married her and her new husband filed for both kids in 2008 and 2009. When I had brought this up to her she had told me too bad she needed the money as she didn't want to work and she had tried to tell me that the 8332 was only for people who were married and thats it. (we were never married) I had contacted IRS last year to make sure that this form was the correct one and they did state that this is the right form for me to use. And when I told her this year about it, she exclaimed that she was going to file for both kids again as she is now divorced and living with her parents and she needs more money and she went on to tell me that there is nothing that I can do (i know it's not true, as I am filing the 8332 with my taxes this year) but she had gone on to tell me that there is nothing I can do about the prior years as well and she had gotten away with it for 2 years and she is above the law and will get away with it every year.

Now here is where I need help... I have been trying to call IRS with no luck (line is busy or it disconects when transfering) but I saw that I could file an 1040x (amended form) but I wanted to know how to go abou tall of this... do I need to go to a tax company and pay them to file it for me? and when I do file this how long does it take? I just want to make sure that I am doing this all the right way.

I know that I will get some people responding saying that I am being spiteful, but that is not it at all. I am trying to get everything taken care and plus the money that I have received for my one child that I can claim goes back to both my kids. I use the money towards their medical bills as their mother doesn't care for them the way she should be. So please if you are just going to leave negitive remarks on here, please just skip over my question. Thank you

 

[Perky]

No negative remarks, but the custodial parent must sign the 8332 in order for you to use it when you file your taxes. Do you have a court order that permits you to claim one of the children?

 

[dolphinfrk1129]

I do have the 8332 from 2001 when she first signed it and it does state for all future years.

And sorry about the no negitive remarks, its just that when I posted on here before I had some rather rude people put me down for asking questions.

 

[ecmst12]

She needs to sign it every year, you can't just keep using the same form!

And if there's no court order instructing her to let you claim one or both of the kids, then she is under absolutely ZERO obligation to allow you to claim them, since she is the custodial parent and has the right to claim them herself.

 

[davew128]

She needs to sign it every year, you can't just keep using the same form!

You can if in a prior year the custodial parent made it valid for all future years. It even says so in the instructions to the form.

And if there's no court order instructing her to let you claim one or both of the kids, then she is under absolutely ZERO obligation to allow you to claim them, since she is the custodial parent and has the right to claim them herself.

She already waived that right when she signed Form 8332 for all future years. She actually has no choice unless she revokes it AND provides a copy of the revocation to the OP in a timely manner which doesn't seem to be the case.

 

[Zigner]

She already waived that right when she signed Form 8332 for all future years. She actually has no choice.

However, the 8332 can be revoked

 

[davew128]

However, the 8332 can be revoked

Yes as I noted in a subsequent edit, however simply revoking it be filling out the form is not sufficicent, nor does it seem as the woman in question did that.

 

[LdiJ]

Yes as I noted in a subsequent edit, however simply revoking it be filling out the form is not sufficicent, nor does it seem as the woman in question did that.

Filliing out the form to revoke is all that is necessary, but timing matters. Its too late to revoke anything for 2009 or 2010.

 

[dolphinfrk1129]

I know that she has not revoked the 8332 as she had claimed that she "knows" she filled out the wrong page years ago. And that she filed the wrong tax page on purpose.

But my main question is how would I go about having the prior years taxes amended? Do I have to go thru a company like H&R Block or can I do it myself? And what all happens with having my prior year taxes amended?

 

[TinkerBelleLuvr]

You can amend those returns to include the children. Make sure you enclose the 8332 showing that you can claim the children. Then IRS will then send letters to both parties. The one with the better claim gets to keep the deductions and the other party gets to repay the IRS.

If she goes ahead and tries to claim the children for 2010, then file a paper return claiming the children.

After that, you will have to have an 8332 filled out for each year. If needed, file for contempt and have her sign the form in front of the judge/referee/magistrate along with having to pay for all attorney and court costs. Be prepared to have to share the deductions with each party claiming one child.

 

[davew128]

Filliing out the form to revoke is all that is necessary, but timing matters. Its too late to revoke anything for 2009 or 2010.

Not true. A copy of the revocation must be provided to the non-custodial parent.

 

[LdiJ]

Not true. A copy of the revocation must be provided to the non-custodial parent.

Huh? Of course.