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taxes and form 8332

Posted by on Jan. 20, 2013 at 12:14 PM
  • 12 Replies
I'm divorced and our decree states he gets tax exemption for 2 of our 3 children this year. But it also says he is to provide me with form 8332 by January 15th he has not. He did call me asking me to claim all 3 kids and give him half refund cause he owes money for fines and is 3000 back on child support. So I want to know if I can claim all kids this year since he has not given me form 8332
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by on Jan. 20, 2013 at 12:14 PM
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Replies (1-10):
dsebastian23
by on Jan. 20, 2013 at 12:16 PM

No he needs to file and then you will get back child support....

mom2tal3
by on Jan. 20, 2013 at 12:19 PM
Yeah I get that but he is not filing this year he says, this guy is a piece of work he thinks he is above the law, but since he didn't give me that form can I claim the kids myself then I only ask cause I'm a single mom putting myself through nursing school and I need every dollar I can get
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Jenn8604
by Silver Member on Jan. 20, 2013 at 12:19 PM
I would consult my attorney if it was me and inform the atty that I had not received the 8332 form I was supposed to get a week ago.
Don't forget to mention he's behind in cs too.
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dsebastian23
by on Jan. 20, 2013 at 12:22 PM

Did he work last year if he has income he has to file or he can get into trouble and they will catch up with him. I would go ahead and do it but just know it could come back on you. Like he could get you into trouble....I would just watch his motives.

Quoting mom2tal3:

Yeah I get that but he is not filing this year he says, this guy is a piece of work he thinks he is above the law, but since he didn't give me that form can I claim the kids myself then I only ask cause I'm a single mom putting myself through nursing school and I need every dollar I can get



Jenn8604
by Silver Member on Jan. 20, 2013 at 12:22 PM
a judge may let you claim the kids and KEEP ALL THE REFUND. You just have to point out what hes done that went against the divorce decree. make sure everything is documented including when and where he asked u to claim all 3 so he doesn't have to pay what he owes.

Quoting mom2tal3:

Yeah I get that but he is not filing this year he says, this guy is a piece of work he thinks he is above the law, but since he didn't give me that form can I claim the kids myself then I only ask cause I'm a single mom putting myself through nursing school and I need every dollar I can get
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mom2tal3
by on Jan. 20, 2013 at 12:24 PM
Yeah I don't plan on giving him any money that isn't fair to kids or me cause I did work some of last year and its my income being used. Yeah he does have income I don't think he has filed for 2 years
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mom2tal3
by on Jan. 20, 2013 at 12:28 PM
Also our decree states I can refuse to sign form 8332 what would be reason for refusing to sign?
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MeeshMom
by Platinum Member on Jan. 20, 2013 at 12:42 PM
You need to talk to an attorney and a CPA. File an extension for this year so you can have extra time to figure this mess out. I work in tax accounting btw. I can't answer that one for you but you need to get with a legit CPA and your attorney on this one.
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mom2tal3
by on Jan. 20, 2013 at 12:49 PM
I talked to an accountant on Friday all she could tell me was it was legal issue, it seems simple tho he needed to get form to be by certain date he didn't. I get that I need to be careful due to legal issues just wish things weren't so confusing lol
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MeeshMom
by Platinum Member on Jan. 20, 2013 at 1:02 PM
There are attorneys that deal with this issue as well. So since the CPA told you that, you need to file an extension so you will have until October 15 to file your return. In the meantime get with the attorney to figure out what can be done with this issue. If you claim all the kids you'll get the child tax credit for them all but your ex is still responsible for paying back support. You just need it in writing that there is a change in who claims the kids for legal purposes.
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