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Bm filed her taxes/Question

msg1986's picture

So this past weekend Ss kept mentioning how his mommy has Soooo much money and can buy whatever she wants because she got her taxes. Court is in 2 weeks and this is one of the things that they would be discussing and she's known that they would be discussing this since November(there is no court order so Bm has claimed Ss6 every year since he was born). I'm pretty sure she is confident that the judge will not allow Dh to start claiming Ss every other year however at the same time I think she rushed to file those taxes just to make sure. What irks me is that we know Bm only made at the most like 3K last year because she stopped working in the spring and her boyfriend made probably around 20-25k so Dh is pretty sure that she let the boyfriend claim Ss. Of course we don't know for sure but dh ran some tax calculators and from what it looks like they would have gotten like 2 thousand dollars more if the Bf claimed Ss.

My question is, what do you guys think about this? Do you think Dh should bring up to his lawyer that he thinks the boyfriend claimed Ss? Does anyone even know if that's legal? Bm and Ss moved in w/ her Bf around May of last year and Bm didn't work so the only one supporting Ss was Dh (cs). To be honest, it's not that big of a deal but Dh is irritated that Bm wouldn't at least wait to see what the judge would say as far as if she and Dh would start to take turns with the tax credit. I told Dh though that he shouldn't be surprised, Bm was, I'm sure, waiting licking her teeth for that money considering she lives off CS. Do you think the judge will question why she didn't wait until court considering she knew since Nov. that this was part of why she and Dh are going to court. If Bm's Bf did claim Ss, do you think the judge will care?

Just some pondering thoughts before I start work. Any thoughts welcome Smile

Comments

WokeUpABug's picture

Why don't youask for a copy of BMs tax return as part of discovery. That would be normal in a support proceeding I think. Then see if she claimed SS. I don't thi the BF has any right to do this.

msg1986's picture

Oh I guess that's true, I forgot Dh can ask for her tax returns. Dh has to meet with the lawyer before the hearing so I think I'll make a note for him to bring it up. Doesn't hurt to ask. Heck, we don't even know if our hunch is true but it would seem that way with how money hungry Bm is.

AllySkoo's picture

Yep, can't hurt to bring it up to DH's lawyer at least. See what the lawyer recommends. As far as I know, no, BM's live in BF cannot claim SS on his tax returns. (Disclaimer: I am NOT a tax lawyer! So take that with a grain of salt.)

I would think though, that BM is pretty likely to "get away" with already filing though. *shrug* April is a *deadline*, it's not like she filed "early" really. (Even though, yes, she probably did it so she could claim him this year.) At best the judge will say, "OK, BM claimed him this year so Dad gets to claim him next year." I seriously doubt the judge is going to penalize her for it otherwise though.

zea.momie's picture

If he was the "head of household" then yes he could claim ss as long as she gave her permission. But only If he pays for half of his support and lived with him for over 6 months.