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tax returns... help!! **UPDATE 3/15**

Posted by on Jan. 15, 2012 at 2:26 PM
  • 14 Replies
So, at our child support hearing in January 2011, the judge awarded my ex the right to claim my oldest on all odd year returns starting with 2011.

He didn't get a job until August 2011, and I started getting child support in September. He was about 3,000 dollars in arrears at that point.

In December, I contacted my worker at the child support office and asked her if he had the right to claim him this year, since he was so far in arrears and didn't work for 75% of the year. She told me that I didn't have to allow it, because he was so far behind. I told my ex, and he said fine.

Today, he tells me that he's going to the child support office to pay off the arrears balance, so he can claim my son. My taxes have already been filed, and I claimed him, as the plan was. He told me I can't claim him, and the IRS will adjust it. He hasn't even seen my kids since January. I live in Pennsylvania now, and he lives in Arizona.

Can he do this? It's 2012 now, isn't it too late for him to pay off arrears and claim my son for 2011? What will happen if he claims him, too? I'm pretty sure it isn't legal for both of us to claim him.

Can anybody give me advice here??

UPDATE:
Yesterday was the day child support normally comes in. Because yesterday was also my 4yo's birthday (and his party is this Saturday) and because my 6yo's karate tuition is nearly due, I checked the account to make sure it came in. It was there- along with ex husband's tax return. Apparently, the arrears DID matter, and child support took it all from him.

I did get my returns amended, and he did claim our oldest son, as was in the agreement. We did it the legal way, and it ended up coming to the kids in the end anyway. Thanks for the advice, ladies.
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by on Jan. 15, 2012 at 2:26 PM
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Replies (1-10):
RLSMOM59
by on Jan. 15, 2012 at 2:35 PM

Why didn't you follow the court order? He has the right to claim the child.with any arreage being sent to you, if he got a return. You are in the wrong, sorry. If you get a return put it in the bank and don't use.

Christiansmom44
by on Jan. 15, 2012 at 2:39 PM
Because the worker told me I could. I feel dumb for listening to her now. My returns haven't been accepted yet, so can I change them?

Quoting RLSMOM59:

Why didn't you follow the court order? He has the right to claim the child.with any arreage being sent to you, if he got a return. You are in the wrong, sorry. If you get a return put it in the bank and don't use.

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RLSMOM59
by on Jan. 15, 2012 at 2:45 PM

You can have them amended but if you paid to file (a company) then you are going to have to pay to have them amended.

Quoting Christiansmom44:

Because the worker told me I could. I feel dumb for listening to her now. My returns haven't been accepted yet, so can I change them?

Quoting RLSMOM59:

Why didn't you follow the court order? He has the right to claim the child.with any arreage being sent to you, if he got a return. You are in the wrong, sorry. If you get a return put it in the bank and don't use.


grneyedormom
by on Jan. 15, 2012 at 2:48 PM

I believe once you have sent them, you can't change them. I would contact the people you submitted your returns through (I thought you couldn't file any earlier than 1/17 this year??)  and see what you can do. you'll probably have to submit amended returns. And always follow the court order from now on. Just a good rule of thumb to follow. If it doesn't work out to be in everyone's best interest, go back to court to have it changed. Having arreage does not negate a court order for taxes. As the PP said, if he got a return and you were owed money, it would have been sent to you first.


When/if you get a tax refund, don't spend it until things get corrected through the IRS, otherwise you may have a huge amount you'll need to repay to the IRS. Best to have the money handy to return, than have to make payment arrangements. Sorry this happened to you. Always ask a tax professional those questions in the future. The CW was wrong to advise you in that aspect.

Chrismomto5
by on Jan. 15, 2012 at 5:05 PM
1 mom liked this

Tell your ex you will give him the money you are getting for your son if the arrears are paid off.  This way you don't have to go through the legal hassle.  Or tell him he can claim him on 2012 taxes

RLSMOM59
by on Jan. 15, 2012 at 5:37 PM

She has to amend her taxes because she can be held in contempt of court for not following the orders. Hopefully he doesn't figure that out.

Quoting Chrismomto5:

Tell your ex you will give him the money you are getting for your son if the arrears are paid off.  This way you don't have to go through the legal hassle.  Or tell him he can claim him on 2012 taxes


Briteyes32
by on Jan. 15, 2012 at 11:24 PM

Well, I was told when I did my taxes there is a write off for the parent that  the child lives with regardless of who takes the deduction? I know I saw someone on the forum that is a tax preparer. 

Briteyes32
by on Jan. 15, 2012 at 11:25 PM

If you and your ex agree on something don't forget to get it in writing.

SammysMomma
by on Jan. 15, 2012 at 11:52 PM
I'm a tax preparer. He can get you in trouble for this. If the court order says he gets them odd years he gets them. And also the IRS can give you a penalty for claiming when it wasn't your year. Most times you cant change a return once you send it in. Besides amending them. If you need more help pm me. I can give you my number in a pm so you can call me to explain it better or if you need more help.
just4ds10ee
by Member on Jan. 16, 2012 at 11:03 AM

No the RS will flag his return and reason being ...that  the child was already claimed on a return. The catch here is that your court papers stated he gets to claim him on odd years (2011) .  Hopefully he is not smart enough to use that against you. But you are right both of you can not claim the child. I hope you did file Head of Household since your son spends more than 50% of time with you. To be on safe side...fill out amended tax ASAP!!!

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