 UBBFriend: Email This Page to Someone! |
 Single Parents Online Chat Boards
 The Ex is driving me crazy
 Dealing with the ex
|
| next newest topic | next oldest topic |
| Author | Topic: Dealing with the ex |
|
Mom of 2 Member |
posted 07-12-2008 09:24 PM
  
I have been divorced for almost 4 years . My ex and I had 2 wonderful children in this marriage of 11 years . When he filed for divorce he signed the papers then left the state to go back to his own homestate. He has not seen his kids in almost 4 years . He has not beeen a part of their lives only by phonce calls maybe once or twice a month.Now he has moved on and living with someone and I recently found out by family that is in engaged to be married . Since then he has had no contact with his kids at all .. Once in about 4 months since this year . He has been ordered to pay cs of $550.00 for them and I also get alimony too that is what he agreed too . I have full custody . he was ordered to pay the medical preminums and half of all medical , which he hasn't paid . He finally sent $ 500.00 for bills for them after 4 years . He gets to claim one of the kids on his taxes ... Since he hasn't held up on his responibilty with the medical and all ,I am wondering if I took him back to court if i could get to be able to claim them both on my taxes since all he pays is the cs and my alimony ??? He nevers sends any extra money to help them out with school clothes or anything ??? I am at my wits end .... Sorry for venting so much... I am new to all this .... Thanks |
|
AtlantaDad Member |
posted 08-08-2008 11:57 PM
While it is possible that you could get to claim both on taxes if you file something, there are many more things here to consider. What will your actual financial increases be in your returns, or stated better how much will your tax liability go down? Will it really be a significant amount? Will it really be an amount that will make a great quality of life difference? I ask this for a few reasons. The first is if you file something, he is very likely to file an answer, and things are bound to get ugly. Is this, and the stress of this going to be worth the kids being around? Also, there is a chance that you filing and being successful could just push him further away from the kids. Yes this would be childish of him, and yes this would be HIS doing and not yours. Even so, if there is not a decent size financial return why bother? Have you considered just collecting all of your receipts and expenses and filing something with the courts to collect the monies? File a motion asking for payment as relief. Also just so you know, as far as federal taxes, things are simple. The IRS says that if a child lives with you for greater then 50% of the year, then they are your deduction. In order for anyone else to claim them you as the greater then 50% parent need to give the other parent IRS Form 8332. Without an 8332 even if they have a local order and you both claim them, the parent with the more over nights wins. The IRS does not care about orders from family court, they care about their own tax law. That said, your local judge may care if you claim both, and violate your order. ------------------ |
|
Bluebird Member |
posted 08-15-2008 09:43 AM
If the children lived with you more than 50% of the time, they're your deduction to take. I'm pretty sure you can file an amendment to your taxes without concern for his tax return. He'll have to answer to the IRS for taking a deduction for children who didn't reside with him; you don't have to answer to the IRS for him. Why does he think that he can take that deduction? |
|
Mom of 2 Member |
posted 08-16-2008 09:43 PM
He is entitled to claim our oldest child . It is in the divorce degree. He says he is entitled to it when I mention to him or ask him if I can claim the other child so I can use it for their benefits and all... I don't know if i can file an amendment for it , noone has ever mentioned that to me before . I would not want to get into trouble with the I.R.S ...... |
|
Bluebird Member |
posted 08-17-2008 08:49 PM
That just confused me. I wasn't aware that judgments like were made in divorce decrees. I thought tax laws were tax laws and that whoever the child lives with more than 50% was entitled to the deduction. I didn't know that was up for grabs. If that was part of the agreement, then I guess it stands, unless you'd like to contest it now. Why was he granted that deduction? |
|
Mom of 2 Member |
posted 08-17-2008 09:34 PM
That was the way he wanted it in the divorce.. I had a fight on my hands it was a uncontested divorce we finally agreed on the terms after i refused of letting him claim both of our children... I don't know why now after all this years (4 long ones ) that he should be still be claiming him. He pays for nothing else for them except his child support every month ... Also he gets a tax break too because he is still paying for alimony....... So either way he wins more and more in that case... But i have the greatest reward OUR children and their love ... Something I am afraid to say he doesn't have anymore .... |
|
kimber72 Member |
posted 08-31-2008 07:17 PM
In my divorce decree we each claim one child, this way it is fair. Becareful with the whole tax thing. I have a friend who married someone with a child. In his divorce decree they swap years so everyother year they cliam thier son. One year the ex wife claimed the son when she was not supposed to and they both got a letter from the IRS saying that 2 people claimed the same child and they were not going to get their refund until proper return were filed. It all worked out okay. I am sure the IRS us used to this kind of thing. BUt if you are not supposed to be claiming the child then dont until you have an amendment. as far as decrees go, you can put anything you want into them. I know someone who actually agreed to only having her mother babysit. She is allowed no other babysitter, not even the highschool girl down the street. How dumb is that? But she agreed to it, and regrets it now. |
All times are CT | next newest topic | next oldest topic |
  |
|
© 2000-2008 Single Parents Online Network
Powered by: Ultimate Bulletin Board, Version 5.44a
Resources of Shared Experiences by Single Parents for Single Parents
© Infopop Corporation (formerly Madrona Park, Inc.), 1998 - 2000.