Hay Y'all;
I found this forum in an "ask.com" search, and I need help along the lines of this thread~!
My ex claimed our daughter (even though she lives with me) and told me he would "split" the refund w/ me (he pays my elec bill every month and i figured that would be fair...) But THEN when the tax-check came, for $3010.00, he gave me $200.00 one week and $100.00 the next week and said if I keep "extorting him" or "backing him into a corner," I will greatly regret it.
I was REALLY counting on the $1500.00 (my half) of the taxes, to put in a swingset for my two young children this summer, and to buy a new (used) minivan. And this is what he does to me! What should I do?
Does anyone know the link to the IRS that tells what the penalties and punishments are, for this type of fraud?
He's a weekend Daddy, at best. Maybe every OTHER weekend. We "usually" get along fairly well, as parents w/ a mutual cause, but this one's got me blown out of the water.
No More Mrs. Nice-guy.
Any help will be GREATLY appreciated! I know this is an old thread from 2004, but still hoping someone may read this as a new post, and provide some insight!!!
Thank you for welcoming me here.
Sincerely,
Amery2u

Unfortunately I don't think you have a leg to stand on. You could contact an attorney but I am not so sure that since you agreed to allow him to claim her, that they can do anything. Small claims maybe??

If you DIDN'T agree to letting him claim her, and can prove that he doesn't have a right to claim her, that is another story....

Hay, TD..
Thanx for the reply! No, I did NOT agree to let him claim her. He got his W-2 first and beat me to the punchline. We agreed to split the proceeds..
See, in years prior, the IRS was taking all my refund to catch up my arrearages for my 14 year old son in Florida. We are "finally" even, and I have a wonderful relationship w/ him, and his dad is a major mess, but that's another thread..LOL.
NO, I did NOT sign an 8332, NOR give him verbal nor written permission; we just agreed to split the proceeds, and because he works for his dad, got his W-2 much faster.
So, what about this "other story?"
Thank you so much for your kindness and reply; I totally commend you for being a single dad. I know how much work single parenting is.
And your taking the time here is so awesome.
Let me know what you think, and thanx again~so much...........
Amery2u

What you can do is file your taxes claiming your daughter, but DO NOT electronically file. Mail them in. The IRS will notice the SS# being claimed twice, and will investigate.

The IRS looks dimly on two parents both trying to claim the same child. You'll both probably get audit letters.

Then IRS will review the evidence and decide who did wrong. The wrong party gets to pay the taxes they should have, plus interest, and a possible penalty for filing a false return, which could include jail time.

That's what the instructions are for...they tell you when you can claim a child as a dependent. It is NOT whoever files first. It is who has the right to make the claim.

If you have already filed your taxes and not claimed your daughter, that is admission that you allowed him to claim her as a dependent. HOWEVER He is INELIGIBLE to claim her as a dependent without a signed AND ATTACHED 8332 form. You are looking at possible legal action, small claims, reporting it to the IRS, or sucking it up and taking the loss.

Thanks again for your reply, and your insight. To answer your question, no, I have NOT yet filed my taxes, for this reason. I couldn't believe he was actually doing this to me; I was kind of holding out, waiting for the "rest" of my 1/2 (or even 1/3) of his return, thinking he's REALLY just psyching me. But apparently, he's not taking me seriously. I will probably discuss this ONE more time with him, and then proceed as you've suggested.
I TRULY appreciate your wisdom in this area. This is kinda what I was thinking, but it's just scary. I'm a peacemaker, and I HATE having to stir up something so serious, but by the same token; am not into getting screwed over unneccessarily!
Thanx again; have a wonderful day!
Anne

I would not talk to him again. He gave you his answer and if you tell him what options you have available to you, he may take it as a threat and be vindictive against you. Just do what Trey's Daddy said and go through with the compaint.

Hay Yvette;
Yeah, you're probably right. I just feel so shady and cagey doing that to him. I mean, he IS a good dad and all; and has helped "me" in the past. But then again, this is inexcusable. It's the "jail" thing that scares me. Yet, I'm not the one in the wrong, here. Guess i'm a big woos sometimes, but I think you and TD are right.
I appreciate your input; both of you. Will let you know how this resolves, as I assume a paper copy of taxes in the mail w/ discrepancies, etc., will take a bit of time for reply. AWHELL.... here goes.
Thanks a bunch, y'all..
hope to become a productive member of your forum, and give back, someday, someway!
Amery2u (Anne)

The jail time is possible, but I highly doubt they would penalize him to that extent...If we through everyone in jail for tax fraud...we'd have no jail room left....

Hay, TD and Y~
I've got an appointment with H&R on Monday, so I can go ahead w/ the plan, and be "audit-safe", as well.
Wish me luck, and THANK YOU for all your help and insight.
This is SCARY~~~~~~~~~~~~~~~
I've always been a "yes" girl.
God Bless, and THANK YOU!
Amery2u (anne)

I'm going through this right now and as far as I know, the parent who the child lives with for the majority of the year gets to claim the child unless their is a written separation or divorce agreement stating otherwise.

Wow TD...I had no idea what a useful guy you are...

Wonderful advice, and it's great to see it followed to the benefit of person who asked for it...

What a happy day at SFV.