DH is about to beard the lion in her cave
DH and BM went back and forth over custody of SD19 over the years (court mandated 50/50 when they divorced when SD was 2). To not get on the wrong side of the law, DH did not claim SD on some of the years he was entitled to. When he tried, he found out BM had already claimed her and he decided not to make waves.
Suddenly DH has decided to go back and claim SD all the years he was entitled to. He is doing this for several reasons.
1. BM filing was illegal as she KNEW what the court document declared (every other year)
2. BM underpaid for SD's college on purpose, meaning DH overpaid. She refuses to correct this despite being notified of the problem (which of course she already knew about)
3. BM is a witch about money. It rules her life and is more important than anything. This will hit her where it hurts.
4. We need the money right now, as we moved and our old house has not sold so we're carrying two mortgages.
Who foresees great things coming out of this? Dh ensures me we are in the right legally, but...
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Oh, we're used to that, and
Oh, we're used to that, and SD is "grown," so what BM says doesn't matter two cents to DH. But yes, I'm sure drama will ensue.
It's his little passive
It's his little passive aggressive way of doing it, since he could never say no right to her face. He told me recently she'd sent him a bill for half of SD19's medical bills and I told him not to pay and he was surprised. The "kid" is grown, her medical bills are her own responsibilities. Why should DH pay half?
Tax refunds will not be
Tax refunds will not be issued after 3 years, so even if he files to amend his returns, he isn't getting the money related to it.
If he can prove he was
If he can prove he was entitled to claim her - which will be very difficult to do. He'll have to prove he had her more. A court order stating 50/50 is often not enough to amend - the code states that the parent who benefits the most from the exemption gets it in true 50/50 cases, but he has to show 50% or more. If she is in the CO as the primary residential parent, she gets the exemption unless she filed a waiver. He can amend and get refunds for the last 3 years. Anything prior to that he can not be refunded. She would get a letter and a tax bill, likely with penalties and interest for those 3 years.
Bookishworm, I think that is
Bookishworm, I think that is what he's going for. We may not get anything, but she'll get her life disrupted (she continues to be a pain in the a*s to him). Hopefully we do get something though...
Do it...Maybe difficult to
Do it...Maybe difficult to prove, but could be fun regardless....
Actually, it depends on the
Actually, it depends on the year you were divorced. We were just in time that a copy of the divorce--not the waiver--is required. Read the 1040 instructions. But you can't amend your return any further back than 3 years, I do know that.
The CO says DH claims on
The CO says DH claims on alternate years, and specific years are included. BM just went ahead and claimed SD on DH's years, and whoever gets in first gets it. He didn't rock the boat at the time because they were in a custody dispute, but now all that's over and he's fed up.
I would let this sleeping dog
I would let this sleeping dog stay asleep. Your DH is gonna look like a shit by trying to go back and fix something that he was fine with before.
Edit to add...Idon't think it will work anyway.
We didn't go back and amend
We didn't go back and amend anything, but two years ago BM claimed SD21 on DH's year. BM signed a waiver a few years ago, and included the box that allows for "all future even years" as well, and I've made a ton of copies of it. So BM informed DH that she claimed SD when she wasn't supposed to, and DH told her that legally it's his year, so she'll have to amend her return. She didn't. When we sent in our return, I included the waiver, and also the part of the CO that states it was DH's right to claim SD. We got our refund without a problem. Later in the year we received a letter from the IRS stating that someone claimed SD who shouldn't. The letter said that if we believe we are in the right, we don't need to do anything. So we didn't. I imagine things got straightened out because we didn't have any delay this year when we filed.
I think if it's within the last three years and you have the proof you need, it won't hurt to try.