Update on Tax drama and BM dodging contempt service!
So after literally months and months of fighting with the IRS we have a decision! Background:
DH and BM divorced in 2003. They have an enormous, complicated and crazily negotiated divorce decree. One of the clauses in the divorce decree is that DH gets to claim both skids on his taxes unless he cant file taxes for any reason and BM has to assist with his filing with signing any forms he may need, etc.
For 5 years we lived in tax peace- DH claimed both skids. In 2008, Wise Judge let BM move the skids 1500 miles away despite a GAL year-long investigation advising it was a terrible idea and a 4 day trial. Oh well, not much you can do! Anyways, BM decides she can then start taking the tax deductions. Uh, wrong!
Ever since then, we have been fighting the IRS- they say the divorce decree-though explicit- isnt enough anymore- we need BM to sign the 8332 EACH YEAR? Yeah, right!
So this fall we get a huge packet- we owe $4,000 and penalties and interest for 2008 and 2009 is still under investigation. We call our attorney and accountant who both get on it. DH's attorney sends a letter to BM -amend your taxes or we go to court. BM sends a crazy, rambling letter, bottom line, wont amend, wont sign 8332 forms, screw you. We file contempt.
Process server goes to serve BM last Thurs. Bm's evil, lying sister is there. Says BM doesnt live there and she doesnt know where she is (lies). Process server goes back Monday (Valentines Day-natch) and serves BM. Happy Valentines! At the same time we hear from the IRS:
They agree with us! This means that BM owes them for the refunds she got in 2008 and 2009- to the tune of $8000 and penalties and interest!! Not to mention we still have a court date for contempt coming up -with our attorneys' fees- another $1000! Hope it was worth it BM! What a dummy!
So, moral of the story: even though DH has an explicit clause in the divocre decree, BM still tries to do what she wants. So we are taking her to court for contempt to force her to sign the 8332 each year by the end of the year or she inin contempt AGAIN. If she wants to pay $1000 in our attorneys fees every time, so be it! Not to mention if she hires an attorney and has to travel up here (we reatined jurisdiction-yay!) I have never seen someone pi$$ through so much money and then turn around and call DH a deadbeat.
Awesome!!!!
Awesome!!!!
I'm glad they got her served
I'm glad they got her served finally.
I would check into the option of having her sign a 8332 under the option of "All future years." Then you won't have to drag her in every year and if your H for some reason doesn't file taxes and SHE gets to claim them? I don't think it would matter that she had signed the form that way.
Oh, yeah we will def. have a
Oh, yeah we will def. have a stipulation that is ironclad. The stupid thing is the divorce decree already calls for her help in signing any forms- she just picks and chooses what she wants to do (or have DH do) in the agreement. So shes in contempt of the divrce decree. The Judge will not be amused I suspect! }:)
Great work! People need to
Great work! People need to understand that they can't just do whatever they want and get away with it! Bet she doesn't try that again! The IRS doesn't mess around either. They want their money and they want it now!
WOOHOO! Hoo-RAY! Glad to
WOOHOO! Hoo-RAY! Glad to hear that somethings do work in favor of hard working supportive dads
I think our Judge, in
I think our Judge, in addition to having MAJOR mommy and daddy issues and therefore ALWAYS siding with the mother in every circumstance, was also a total control freak. He wanted HIS court to retain jurisdiction probably to screw over DH again in the future.
Funny things about this:
1. Not long after this, the judge was "removed" to another court, insiders say to try to get rid of him, but it means we dont have to deal with him!
2. Since BM now lives 1500 miles away, it is extremely hard for her when we have to go to court. She has to fly up here, rent a car, stay over night, hire an attorney (her 5th? 6th now?) etc. etc. And forget about HER filing anymore- she never does it!
ha ha
we didnt ask for it, but this
we didnt ask for it, but this judge is notorious for just deciding things on his own, even when no parties asked for it. One thing that helped us in all the crazy mess.....
**UPDATE** So court date is
**UPDATE**
So court date is coming up March 3rd. BM knows shes screwed because really, whats your excuse? You blatantly go against a spelled out agreement for your own greed. AND the IRS agrees with us so she owes a TON of taxes. The Judge will not be amused. Also, BM has to travel 1500 miles to come to court }:)
SO........DH's attorney gets a call on Friday from BM-
BM made a grave mistake. She got bad advice (NEVER her fault for ANYTHING). She cant afford to go to court (yea, right) and wants to clear this up.
So basically DH has had to 1) retain an attorney 2) pay court costs 3) have BM served not once but twice and a week and a half before court she wants to settle.
So DH's attorney says "yeah, we can avoid court. You need to sign a 8332 (which she previously refused to do -real smart) AND you need to pay the attorneys fees or see ya in court!"
We have yet to hear back but me thinks we will be in court!!
Oh man.. Shes crapping her
Oh man.. Shes crapping her pants. Kinda sucks, but brought it upon herself. And can't even man up about the situation.. "Bad advice".. lol.
TOTALLY brought it upon
TOTALLY brought it upon herself! No matter the "advice" she was given, there must have been some part of her that was thinking she might get in trouble with this. No to mention the stress that we have had to endure for years, fighting with the IRS, delaying filing our taxes and having to get attorneys on the matter. screw her!!
**UPDATE** So today was
**UPDATE**
So today was supposed to be court. Yesterday DH's attornwy received a FedEx from BM with signed 8332 forms and a check in the amount of $125 (?) to DH's attorney. Dh's attorney had asked for $250 but BM being the stupid, greedy BM she is, only sent $125. DH's attorney said she is no longer in contempt so we have to accept it. At least our taxes are in order and BM owes at least $8,000! Ha, cant fight the IRS sweetheart! }:)
oh, no way in hell! lol
oh, no way in hell! lol
(No subject)
}:)
This is definately a HUGE win
This is definately a HUGE win for those dedicated hardworking NCPs. CS is paid to the BM AFTER taxes are taken out and the BM receives a non-taxed income to help raise the kids. Even though, we don't have them 50% of the time we do pay taxes on help raising them. I am so glad it has worked out in your favor. I am hoping the IRS will rule in favor of us as well.