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[–]Battle-Scars57 points58 points59 points 9 years ago (5 children) | Copy Link
Standard trick for divorced moms, next time file January 1st without your W-2 and claim both kids then re-file when the IRS says you didn't add your W-2's. Just file the number from your YTD ending paystub.
[–]heartbroken_nerd25 points26 points27 points 9 years ago (3 children) | Copy Link
I hope OP never finds himself in a "next time" like this again.
[–]Battle-Scars11 points12 points13 points 9 years ago (1 child) | Copy Link
Next time comes every tax year. Hopefully you work out claiming kids in the decree but nothing stops either you from claiming both kids on jan 1st. The irs recognizes the first return in.
[–]Dubalicious5 points6 points7 points 9 years ago (0 children) | Copy Link
"Recognizes" yes, but that doesn't mean much. OP could file a paper return claiming the kids to get the ball rolling pretty easily. If they are his rightful dependents than the IRS will adjust the returns. Yeah, it'll probably get messy but FUCK just "letting this go".
[–]Endorsed ContributorThotwrecker35 points36 points37 points 9 years ago (2 children) | Copy Link
This is why you get legal and tax advice. This is a very standard trick, a single mom I used to bang told me about how she did this to her ex-husband. Any counsel worth his salt should sit you down and cover some of these common edge cases.
[–]Yashugan0011 points12 points13 points 9 years ago (1 child) | Copy Link
At which point you dropped her like a hot potato, right?
[–][deleted] 8 points9 points10 points 9 years ago (0 children) | Copy Link
Yeah seriously. Unless he has a vasectomy, I would be very worried about seeing her, given the fact she has no problem admitting something like this.
[–]theredpillager18 points19 points20 points 9 years ago (0 children) | Copy Link
In all likelihood you can undo this. Also, more importantly, you SHOULD undo this. Assuming you are the true head of household, that is, you are the top earner and pay the majority of costs, you can still file as head of household and they'll give it to you, not her. The IRS obviously cares more about money than anything else. It is not Family Court. It does not care about your gender. A co-worker is going through something similar right now so we were just discussing this. Speak with your attorney and a tax preparer, but unless she's the breadwinner, you still got this.
[–]Charles_Vane28 points29 points30 points 9 years ago (0 children) | Copy Link
I would go nuclear and scorched earth, leave nothing alive and do not be nice about it.
like today go into a divorce office and talk to them about it they would know more on the subject. But that being told
http://robergtaxsolutions.com/2011/01/my-ex-claimed-my-kid-now-what-do-i-do/
is it legally separated or just been apart?
because https://www.eitc.irs.gov/Tax-Preparer-Toolkit/faqs/divorced
this states:
If a client is legally separated for last seven months of the tax year but the client's divorce is not final until the following February, may the client use the Head of Household filing status and qualify for EITC?
A married taxpayer can be considered unmarried and file as Head of Household if all the following tests are met:
Must file a separate return. Must have provided more than fifty percent of the cost of maintaining a home. Must not live in the same home as the spouse at any time during the last six months of the year. The home was the main home of a qualifying child for more than half the year. Must be able to claim an exemption for the child. However, the taxpayer may meet this test if they are not claiming the exemption for the child because they released the exemption to the other parent under the special rule for divorced or separated parents discussed above.
With that being told she is obviously play for keeps why are you not? Go scorched earth right now. If you can throw the book at her.
editing this was aids
[–]mr_perfect1 points points points 9 years ago [recovered] | Copy Link
When I broke up with my child's mom, the SS card was the first thing I took. The mother is too lazy to get another one. She even asked my sister a week ago if she could have it to file for 'welfare benefits'. Good thing I'm smarter than that.
[–]Senior Endorsed Contributormax_peenor8 points9 points10 points 9 years ago (0 children) | Copy Link
So you are the kind of guy that pulls the bandaid off a millimeter at a time and then puts it back on to do it again? And again? And then one more time?
Come on, friend. The bullet is already in the head. Time to let the marriage die.
[–]Senior EndorsedMattyAnon5 points6 points7 points 9 years ago (1 child) | Copy Link
I'm currently still married to
Fix this or soon you'll be liable for her next pregnancy too as well as a certain amount of financial responsibility.
I asked her about it..guess what??? Yea, you know it already, the bitch filed already and claimed both of our children!!!
Oh. Right. Yeah... she's telling you to get a divorce, why are you still not listening??
Look, women and marriage screw you. You got screwed. Because women and marriage. Shut up and get your fucking divorce you idiot.
I SAY AGAIN....LISTEN TO HER ACTIONS, NOT HER WORDS.
The correct message is:
[–]Senior Contributordr_warlock2 points3 points4 points 9 years ago* (0 children) | Copy Link
You're liable for child support for any child born up to 9 months after the divorce.
[–]JP1164 points5 points6 points 9 years ago (0 children) | Copy Link
You should file your return as married filing separately.
Take the deductions for both children. The IRS will either (1) not catch that both you and your wife claimed the deductions or (2) catch it.
If the IRS doesn't catch it, move on.
If the IRS does catch it, they will reject both returns and you and your wife will have to work it out. She will not have the final say on this point and it would be another item to resolve in the divorce.
Just STFU and do what you have to do.
[–]Sam_SOD_2 points3 points4 points 9 years ago (0 children) | Copy Link
With any long process, be it a new career path, starting to take care of your body at the gym, saving money, or divorce/custody battles. Start now! Don't put anything off. Don't look for a good point to start. No that next holiday extended weekend won't be a good starting point. Now is the start. Call a lawyer and start working out payments. Make sure everything this year starts getting claimed... My leach of an ex wife wanted me to pay for her health insurance (legally you must until the divorce is final, and it didn't cost a cent extra to keep her in due to my union contract for insurance, but still saved her $300 a month from getting her own), part her phone bill (on the same contract), and give her money for rent (mortgage was only $450 a month), all while she moved her 12 year younger 20 year old boyfriend into our house 2 days after cheating and one day after me moving out (house under her parents name, better credit, lower interest rate), because 'well, I need someone here to pay the bills'... Little background. While red pill is great for single adult men living in the world of single adult women, we are men. Men are proud strong and protectors. With children involved, the game is different. Nuclear on the mother of a child, is going nuclear on the child. But you can see in the background of what I had to deal with (there's more of course, just a highlight) there's no choice but to go nuclear to give the children what they need, both parents. You need to survive and still be able to provide as a man and father. I let her know what hell feels like until she had no choice but to do an uncontested ricotta divorce. My situation is different as I didn't have the property in my name, I kept cars and small property always appears so she had no claim to it. I threatened to pay the cancellation fee so she would lose her phone number (she didn't want to lose contact with the men she kept on a hook or her friends). She beat me to the verizon mobile because I let her know I was shopping and stopping at the store. It didn't cost anything for her to just separate the bill into her name on her own. The small things like car insurance were easy, simply explaining I couldn't claim to live there nor she stay on line because she couldn't commit insurance fraud by claiming to live with me (if don't know how true it would be, but she believed it). Get rid of the small things, save money for the divorce. My non contested divorce was $200 through Cairns law offices. Internet based. You just print the papers and have the other party sign at a notery. Filing is done in different part of the state. Beneficial so she has less of a want to continuously travel to the filing office sp far away if she divided to contest anything... I got lucky on some aspects. You have a big battle ahead. But look at all of the small things you can cut away at for starters and just get the big things like divorce and custody rolling. You'll get through it. Don't kook at all you need to do, don't worry about what she's doing. Just start cutting away and building...
[–]LynetV2 points3 points4 points 9 years ago (0 children) | Copy Link
Sure...when she goes "to think about it" it's screwed. Because she decided already. She was just reaching for more time to move things forward and wanted you to wait and do nothing. Fight for your kids! I know it's hard to get them into your care...because you are man, because she is mother, right? Bullshit! Try everything you can try. Rent a lawyer, if you can afford it. You are father, you do have claim for your children.
[–]Endorsed ContributorMarsupian2 points3 points4 points 9 years ago (0 children) | Copy Link
Did you record every phone call with her? Are you getting good legal and tax advice?
You better make a damn tight dovorce case and see if you can still get some of your money back. Next time act nice and play hard. Go out of your way to be more than civil while playing the game ruthlessly.
[–]RubyOrchid132 points3 points4 points 9 years ago (2 children) | Copy Link
Don't blame her for your inaction. This is your fault, not hers. You should know AWALT. The divorce should have been started about, oh I'd say, 8 months ago. You're making excuses because you have oneitis for her still, and want it to work. If you didn't, that divorce would already be done. You have a lot of introspection to do bud.
[–]gsd7788[S] 2 points3 points4 points 9 years ago (1 child) | Copy Link
Trust me...its going. Thanks for reminding me. Seriously
[–]RubyOrchid131 point2 points3 points 9 years ago (0 children) | Copy Link
No worries. Just move on. It will be best for you, and the kids. Like another poster said, your ripping that band aid off a mm at a time. It's time to just rip that sucker off.
Work on self improvement. If you have a job you don't like, go train for one you do you like. If you aren't lifting, you need to start. That will help with depression and anxiety from the divorce, not to mention all the other benefits. Go out, make friends, and be social.
Don't think about what's best for her and compromise. In her head, she is already at war with you as, hell hath no fury like a woman scorned. The marriage is done, get a lawyer, and get what is yours. Be ready for false accusations to ruin your character. RECORD any and all interactions with her, as it will be your only saving grace if she does try to go that route. Try to get a lawyer that specializes in mens rights, they are out there in pretty high numbers. Might have to spend an extra grand on retainer, but that is nothing compared to what is on the line here, like seeing your kids on a regular basis and not being ruined financially with child support and alimony. You don't want a feminist family law attorney as counsel. I've seen it happen where a friend hired a female lawyer for his divorce, the ex wife was clearly making false accusations while he had an aliby showing he was on the other side of the country. His feminist lawyer basically took the side of the ex wife, telling him to just pay the alimony because she needs it. Judge denied alimony as it was not mandatory in this state if the marriage was under, I believe, 5 years. Basically, his lawyer wanted to give the ex everything she was asking for, including alimony, which wasn't even legal because of the short length of the marriage. Google, mens rights attorney and get a consultation.
[–]Blacklabellogics2 points3 points4 points 9 years ago (0 children) | Copy Link
Always treat a split as a war. You want to secure the strategic locations and advantages to yourself, sometimes for future missions sometimes to prevent your opponent from getting them.
This means filing first, securing important documents such as social security cards, bank statements, tax documents and prenups.
It means getting in touch with a lawyer who is experienced in divorce law early on, and getting advice as to moves you can take in order to guard yourself against false allegations. This may mean recording your ex or taking statements from her family and friends as to how much time you spend with the kids if you have them.
Always treat the other party in a divorce as if they would conduct themselves in the most immoral and psychopathic manner possible.
[–]Grimsterr1 point2 points3 points 9 years ago (0 children) | Copy Link
When you screw yourself, it's called masturbation.
[–][deleted] 1 point2 points3 points 9 years ago* (0 children) | Copy Link
Nobody will find you in Paraguay. $5,000 in the bank = permanent residency. If your kids are really young, they aren't actually yours anymore; In fact, they might even be brainwashed to hate you. How bad will child support strain you in the future? With my salary, I'd fucking bail.
[–]Lifeisgroovy1 point2 points3 points 9 years ago (0 children) | Copy Link
If you can prove that your kids lived with you for more than half of the year, then you can take your ex to court over this violation of her return, and report this to the IRS if you so desire.
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[–]Battle-Scars57 points58 points59 points (5 children) | Copy Link
[–]heartbroken_nerd25 points26 points27 points (3 children) | Copy Link
[–]Battle-Scars11 points12 points13 points (1 child) | Copy Link
[–]Dubalicious5 points6 points7 points (0 children) | Copy Link
[–]Endorsed ContributorThotwrecker35 points36 points37 points (2 children) | Copy Link
[–]Yashugan0011 points12 points13 points (1 child) | Copy Link
[–][deleted] 8 points9 points10 points (0 children) | Copy Link
[–]theredpillager18 points19 points20 points (0 children) | Copy Link
[–]Charles_Vane28 points29 points30 points (0 children) | Copy Link
[–]mr_perfect1 points points points [recovered] | Copy Link
[–]Senior Endorsed Contributormax_peenor8 points9 points10 points (0 children) | Copy Link
[–]Senior EndorsedMattyAnon5 points6 points7 points (1 child) | Copy Link
[–]Senior Contributordr_warlock2 points3 points4 points (0 children) | Copy Link
[–]JP1164 points5 points6 points (0 children) | Copy Link
[–]Sam_SOD_2 points3 points4 points (0 children) | Copy Link
[–]LynetV2 points3 points4 points (0 children) | Copy Link
[–]Endorsed ContributorMarsupian2 points3 points4 points (0 children) | Copy Link
[–]RubyOrchid132 points3 points4 points (2 children) | Copy Link
[–]gsd7788[S] 2 points3 points4 points (1 child) | Copy Link
[–]RubyOrchid131 point2 points3 points (0 children) | Copy Link
[–]Blacklabellogics2 points3 points4 points (0 children) | Copy Link
[–]Grimsterr1 point2 points3 points (0 children) | Copy Link
[–][deleted] 1 point2 points3 points (0 children) | Copy Link
[–]Lifeisgroovy1 point2 points3 points (0 children) | Copy Link