Taxes

It has come to our attention that BM claimed skid on her taxes this season. It's not her turn. Her and DH alternate every other year per the court order and this is his year to claim. BM claimed skid last year as well, but it was her turn.

My FIL is a CPA and does our taxes. According to DH, his dad called BM the other day to ask her, even though he already knew the answer, "Hey, did you claim skid this year?" And she replied "yes". She is literally banking on DH not slapping her down with the court order in regards to correcting this matter with the IRS. And if I know this wench as well as I **think** I do, I'm pretty sure she's banking on FIL telling DH to just "Let it go". It's for a cause - skid.

Edit to add: I informed DH it's time to have someone else start doing our taxes from now on. Someone who has no emotional connection.

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He has skid AT LEAST 3.5

He has skid AT LEAST 3.5 months in the summer and 3.5 weeks over Christmas vacation. Pays for travel expenses - not just skid, but skid plus an adult, both ways, because BM won't allow her to fly alone on a direct flight. $600/month child support, but pays skid's monthly school tuition in that amount, directly to the school, in lieu of CS.

You're correct. I don't have

You're correct. I don't have a say in the matter. I could definitely use some guidance on some dialogue to have with DH, and DH and FIL together.

Thanks for this information,

Thanks for this information, HeavenLike. I do recall reading that the IRS guidelines can, and will, supersede a court order.

Gah! This has been one of my

Gah!

This has been one of my biggest resentments of steplife.

DH was just so ready to get out of his marriage that he didn't specify in the CO anything about taxes.

BM has claimed ALL three every year...getting EIC and Head of Household since she never remarried. Meanwhile, we're paying her thousands in tax-free CS, plus we have the kids 1/3 of the time, plus we do phones and now cars and insurance for one year...and then she's always asking for extras. Just maddening.

I'm pretty sure BM did this

I'm pretty sure BM did this to rattle DH's cage. She loves to fight and she loves to get him angry (I've overheard her laugh while on the phone with DH and say "Oh, I love to get you mad"). This could be a ploy to do just that since he has had very little to do with engaging her over the past few years. I don't know, but as a fellow female I'm rarely wrong with my gut instinct when it comes to her antics.

Yup-taxes. She would get

Yup-taxes. She would get EIC regardless - she doesn't have to claim the child, unless he DH would qualify. (It doesn't sound like he does) Either have her re-file or lay claim to next two years and return to alternating afterwards.

So what you do is your DH

So what you do is your DH also claims the kids on his taxes and attach the court order to it for when the IRS investigates. Honestly his dad gets no say in the matter. They aren't his taxes and he knows the rules about claiming kids.

These are my thoughts and

These are my thoughts and feeling as well, but wtf do I know. I'm just a spectator of this shit show. Ha!

Thank you!

Boom.

if you have kids of your own

if you have kids of your own filing separate screws you.

I was thinking about doing that because my husband is still waiting on tracking down some w-2's. I love the man but he is disorganized when it comes to things like that... we do not co mingle money. On my own as head of household I would get 4K back, if I file separate, I get nothing, if we file joint because he didn't make much this year because of a medical issue we get 4K back.So I am stuck waiting on him to call two places to get his w-2 sent to him. If it is not figured out by 3/1 I will call and he can suck it. I worked hard this year, made good money and only did single on my tax deductions so that is my 4K and I am not giving it away.

Thanks! I feel it's time to

Thanks! I feel it's time to take her back to court too. DH has let some things slide in the past that went against the order, so this is just a fresh opportunity to nail her with comtempt. Hopefully.

I don't deny this isn't a DH problem as well. He has failed miserably at setting the precedent that he won't legally pin her to the wall.

DH and I dealt with this a

DH and I dealt with this a couple of years ago. We actually contacted the IRS. We were told that whoever has the kids more often has the right to claim them, despite a court order. If you have 50/50 then it goes by the highest earner.

You can fight this, but it will take a long time. You have to fill out a bunch of documents and so does BM. They will put a hold on both returns until they figure out who has the right. It can take months or even a year to get through the process. You have to have solid proof that you are the one who has the right to claim them, by the IRS guidelines. Those guidelines supersede a court order.

This is what DH was told when he inquired. We decided that it wasn't worth the fight.

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