In need of help
I have a question regarding income tax. My fiancé and his ex have 50/50 custody of their daughter. When she was born they decided to switch every other year who would claim their child. That way in the end they would basically get the same back. Anyways so this is the 2nd time they are going to do it. BM filled child on her taxes the first year of daughter’s life. The problem is now it is fiancé’s turn to claim their daughter but, she has told him that she is going to claim their daughter because she needs to get a new car. Is there any way that he can stop this? Not only does fiancé have his daughter for 50% of the time (well actually more), but he also pays for the majority of things for their daughter, including paying for all the day care costs. I would just hate to see him have to give up his money that not only he deserves but, he needs. Both BM and fiancé make around the same amount of money so it is so aggravating to hear her complain about her money troubles when she pays for the bare minimum and then on top of it all barely spends time with her daughter, only to have her be rewarded with a check each year. Fiancé has talked BM into splitting it, since he doesn’t want to make that big of a fight. But he is afraid that she will not split it with him in the end, so I told him to make her sign something promising she will do this. But will that even work. I really want to figure out something to do because fiancé has been having money troubles lately and this could help him. While BM not only doesn't need it as much but she won't even spend the money on their daughter, she will spend it on herself instead. Oh and just in case you were wondering fiancé and BM have never went to court so the court has had nothing to do with their situation so far. And they also were never married, if that is important.
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Taxes
My aunt works for a large national tax prep company, and she says that the IRS will pay the first person who files with the claimed child. I also know from personal experience you can contact the IRS to let them know someone is filing a fraudulent tax return.
Why not have their agreement of every other year put in their C&V or CS orders? That way, there is no question as to who files and when.
Unless she signs a release
Unless she signs a release form (8832) of exemption he can't claim her. If custody hasn't been established she is the presumed custodial parent.
This should have been ordered
In his custody papers. Ours says that BM will sign that paper in the event we present it to her. We are to claim SD every year now, but we will be filing asap to make sure she doesn't get a chance. She is hurting financially big time. I did a court docket case tonight and she is being sued by a credit card co.
Peace, love, and red wine
taxes
If he does not have it in writing then the parent that she actually lives with gets the deduction unless that parent signs the form giving it to somone else. The IRS honors the first tax paper that they receive and the other person would have to contest it. If he does not have it in writing he needs to file first making sure he gets that deduction for the child and for all of that child care. After that if he wants to give her some of the return he needs to get certified funds from a bank made out to her stating what the money is for. If he qualifies for the EIC he will get a big chunck back. Go to a place like H&R Block as soon as he gets his W2 and have it filed electroncially.
dubya
I have heard rumors too of a cash payment to all taxpayers of $300-800, to stimulate the economy. I hope we get it, I think?
"Fortune favors the brave" - Virgil
Let's hope
That would be wonderful.
Sometimes you have to test the limits to show you're not a doormat.
Why have they not went to court?
It seems, from the way I am reading your post, that there are NO court papers at all---not even showing that both parents have 50/50. Is this correct?
If there are no court orders stating what you said in your post---50/50, every other year the BF (Birth Father) claims child for taxes, who pays for child care, etc. Then I HIGHLY suggest for the BF to get all of these necessary items into a court order. If not then the BM (Birth Mother) can revoke the BF's privileges because there is NO court order to back him up.
First of all since BF & BM were never married then BF will probably have to have the courts establish paternity. My suggestion is to have documentation about what has occured thus far, everything from payments of day care (clothes, etc) to visitation time BF has had to the taxes. If you can show the court what you have been doing then they are more likely to grant you what you already have. Plus since you have said that the BM does not spend a lot of time with child (and you can prove it with documentation) then BF might be able to get full custody with BM having visitation.
Since BF has no court order backing him up about the every other year tax thing then, basically, BF's out of luck. BM has the right to claim child every year unless specified by a court order. If you do have a court order, BM refues to sign Form 8332, BM files first, then your only real option is contempt of court.
"Sometimes you have to test the limits to show you're not a doormat."
listen to all these people,
listen to all these people, without any papers the courts won't even listen.the mom has all the rights and the dads have to fight for thers. were in the same boat right now, and its a mess.