Ex is breaking order and writing off both kids on her tax return

Curious_Helicopter29 · 2025-02-20T22:04:54+00:00

I had an ex not follow the divorce ring regarding taxes for a different topic. IRS will essentially do a mail audit and ask you both to provide documentation on why you filed. You will eventually win but it will be a hassle.

AggieDan1996 · 2025-02-18T03:33:29+00:00

Form 8332 is your friend. Get that and file it with the IRS. She'll be unable to claim both of them afterwards. It's should be stipulated in your divorce decree if your lawyer was with a damn.

Standard-Cucumber264 · 2025-02-18T02:41:11+00:00

File anyway. When you file it asks who has authorization to file dependents, like is there an agreement I believe. If there is a court order then she obviously is not going to follow any order the court puts on here. IM sure there are a lot more things she has violated or eventually will to help you that way. But then again the IRS will usually fix this for you, just have your proof to send in

Danielc7916 · 2025-02-18T01:30:34+00:00

Yes, file anyway. My wife did this. They will ask you both why you both filed. You then present your court docs and they have to repay the irs

BahamaDon · 2025-02-18T01:01:44+00:00

I had this happen. Went to the irs and asked what to do. They told me to file the way I am supposed to file, and the IRS would figure it out. She routinely gets audited now. Blames it on her political beliefs.

Positive_Rub_6696 · 2025-02-17T23:00:58+00:00

I feel this…

Divorce finalized in 9/2018 and order said for 2018 I was supposed to claim the kids “unless it benefits the mother.” It was a foregone conclusion; she didn’t work up until then and unlikely she’d make more than the exemption before Jan 1. So I claimed both kids. I told her in passing after I filed that per the order I claimed them. She took exception and claimed them too.

In 2019 I got a letter from the IRS that there “may have been a mistake,” given two filers had claimed the same dependents.

It turned out that she got something like $325 child tax credit - idk how you get a refund when you paid no taxes. I offered to pay for the re-file and I would give her the credit, but she refused.

I expected to hear more from the IRS, per the letter, but I never did.

Still may bite me in the ass one day…

Expert-Raccoon6097 · 2025-02-17T22:42:24+00:00

Easy solve.

You mail in your return claiming the child you are supposed to claim for 2024 (it will get rejected electronically as your ex already claimed the child).

The IRS will then mail both you and your ex a letter asking for proof you are eligible to claim the child. You mail in a copy of the divorce decree showing it is your turn for 2024 for that child.

Your ex has no proof to send.

IRS will look at what you both send by the deadline and determine who gets to claim the child (you). You will then get the refund, your ex will get sent a bill.

woahbrad35 · 2025-02-17T21:00:56+00:00

Your attorney said nothing they can do? Uh can they not file contempt of court for violating the court order??? Heck probably grounds to sue for the missing amount if you cannot get it sorted with the IRS. My ex took me to court 3 times for contempt over stuff I had zero control over claiming I was violating the orders. It was tossed out as I had proof it was all delays during covid, but you get the idea. It still cost me a grand in lawyer fees and shit each time to defend myself. Your attorney sounds lame.

DramaticReindeer8700 · 2025-02-17T20:18:12+00:00

The IRS doesn’t care about the court order. Who did they spend more nights with?

Comfortable-Angle660 · 2025-02-17T19:32:17+00:00

You have to give a copy of the court order to the tax authority.

Physical-Aside-5273 · 2025-02-17T19:15:02+00:00

Happened to me and the IRS blocked my refund. I went to HR block and paid them a small fee. They wrote a letter to the IRS on my behalf and attached a copy of the court order. I had my refund in two weeks after they sent the letter.

bowhunter6 · 2025-02-17T19:01:16+00:00

Sounds like she's just trying to get one last "fuck you" in before the law changes and all us non-custodial dads get to claim the kids we break our backs supporting. Sorry bro.

vladsuntzu · 2025-02-17T18:48:24+00:00

Good thing you found out before you filed. This happened to a former coworker of mine. It was his year to claim their child and her accountant told her to claim their child. She filed first. When he filed, it triggered an IRS audit. He passed but it was a pin in the rear end for him. He confronted her and all she could say is “whoops, sorry. My accountant told me to do so.” I don’t know if he ever got the money he was supposed to or not.

redditburner4me · 2025-02-17T18:33:10+00:00

If you haven't reached final judgment or trial, bring it up then if not I would definitely file a contempt motion. If it's written down on paper and you can prove that she did that then you were entitled to it. The only way a judge wouldn't care is if you owe her a ton of money or something like that. Also next time your attorney asks for a payment please tell them we have bigger fish to fry

leaving4me · 2025-02-17T18:31:44+00:00

From an IRS standpoint they will go by residential parent and actual number of days to qualify for the dependant. From your standpoint it may be best to calculated your taxes both with and without the dependant and decide if it is even worth the cost of the fight. If it is you probably can file contempt and she could be on the hook to reemburse you.

pcx4487 · 2025-02-17T18:29:51+00:00

I think this might be a question for a CPA / tax professional. The IRS has rules about who's allowed to claim who and she may be in more trouble via the IRS if you contest her filing. Yours might get delayed a bit, but it might be easier to resolve it via IRS instead of court.

General_Aspect9947 · 2025-02-17T18:22:09+00:00

File a motion for contempt

Title	Ex is breaking order and writing off both kids on her tax return
Author	OldRooter_06
Upvotes	37
Comments	31
Date	February 17, 2025 6:19 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1irqn07/ex_is_breaking_order_and_writing_off_both_kids_on/
Archive Link	https://theredarchive.com/r/Divorce_Men/ex-is-breaking-order-and-writing-off-both-kids-on.1544166 https://theredarchive.com/post/1544166

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