STBXW filed separately and illegally claimed dependent

Dell_Hell · 2022-04-01T17:05:07+00:00

Yep you just have to file and be absolutely ready to provide documentation on who spent what nights where.

I'd go so far as to also include Google location history for kids have phones of any sort.

SudetenNachkomme · 2022-04-01T19:29:46+00:00

Notify your lawyer, make sure all your documents are in order, sit back and enjoy the show. The government may not care much about the rights of fathers, or children’s rights to their fathers, but it gets VERY pissy if you lie on federal forms.

rsmiley77 · 2022-04-01T18:12:10+00:00

As a guy who fought hard to keep the yearly dependent deduction let me just say a couple of points I made…

1) the state formula (in Pennsylvania at least) does not factor the child deduction.

2) I argued that if we are going by the book, by the book means that I should keep the deduction

3) I was keeping the house and my mortgage was at the time around 1100 more than the exes rent. I deserved and needed the money to ensure that if something breaks I have a little extra money and leeway to fix things that go bad

The court agreed with me… Do not just share the deduction without a fight if you have 50-50 custody.

playerknowmore · 2022-04-01T18:45:38+00:00

When you do the taxes one of the first question they ask is can someone else claim the dependent. Then they ask how much time did the dependent stay at your home. She lied on both.

sc1617 · 2022-04-02T05:21:16+00:00

Probably not worth worrying about esp since she only claimed one of the two kids. IRS has bigger fish to fry. All that's gonna happen is the judge will let you claim the other kid next year, and your wife will claim the one you claimed this last year. Even though it's annoying this will probably be the first precedent for how your settlement will stand.

ijustdontcare74 · 2022-04-03T10:05:30+00:00

Yep, never give an inch or they will take a mile. Once the president is set for her to claim she will.

Jonger1150 · 2022-04-09T20:24:41+00:00

Damn, when is this divorce ever gonna happen. Clicked this from a post I made and you commented on back in July. Good luck man.

cschoonmaker · 2022-04-01T16:38:30+00:00

Unlikely a battle you're going to win, especially if you have two children. When the court issues orders what is most likely to happen is that you will each be allowed to claim one child for tax purposes, and if the kids are different ages then when the eldest can no longer be claimed the remaining minor child will alternate until they can no longer be claimed.

As far as now, you could file a return claiming both kids (it would have to be a paper return) and that will essentially notify the IRS that 2 parties are attempting to claim the same child. Which in turn would probably trigger an audit of both of you. In the end you might win this single battle but at what cost?

p.s. the IRS is NOT going to see this as "Tax Fraud" especially when it concerns 2 parents who are in the process of divorcing. So there would be no prosecution, no jail time, and no fine other than possibly repaying the additional money rec'd from claiming the child vs not claiming the child.

rsmiley77 · 2022-04-01T18:00:47+00:00

Damn you’re still married. Until you’re divorced officially they won’t care. This happened to me btw. At some point this money that she stole from you will be factored into the final split. Once married it’s easy to get your money. This means she also claimed all the money given out last year for covid relief.

kharon86 · 2022-04-01T22:25:39+00:00

Don't forget since you make more you be default can claim head of household even with 50/50 custody.

velesxrxe · 2022-04-02T00:17:25+00:00

Go ahead and claim both kids. You and your ex will get a letter from the IRS stating that both of you claimed the same dependents. It’s highly unlikely it’ll go further than that. But have documentation on hand, as you wrote you do, to prove your case if there’s an audit.

Nonamesfound · 2022-04-02T01:18:53+00:00

I have primary custody of my boys and my ex would have tried this also if I hadn’t beaten her to the punch.

It’s crazy what people think they can do even when it’s clearly illegal.

We’ve been legally separated for over a year and 1/2 yet she still insisted that we file together 🙄.

She already demanded half of the child tax credits which she wasn’t entitled to.

Then she fraudulently claimed and received the ebt-p (whatever it’s called) debit card… 2 children at $1100 each.

Still has the audacity to lose her shit when she found out that I filed separately and claimed our boys…. Again I have primary custody and the boys the vast majority of the time.

Title	STBXW filed separately and illegally claimed dependent
Author	walkingdisaster4046
Upvotes	11
Comments	39
Date	April 1, 2022 4:19 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/ttupdz/stbxw_filed_separately_and_illegally_claimed/
Archive Link	https://theredarchive.com/r/Divorce_Men/stbxw-filed-separately-and-illegally-claimed.1109091 https://theredarchive.com/post/1109091

Comments