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What would you do? exes, kids, etc.

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  1. jnspn92 jnspn92 is offline

    Peoria, IL
    United States

    Posts: 178
    Joined: Feb 06

    Mar 7th, 2009 (3/7/2009 8:44am)

    Let me start off by saying that I'm the stepfather in this situation. I have tremendous respect for dads that do the right thing with their kids after a divorce but their are idiot dads too. My wife and I have found out that he claimed his son again on his tax return even though my wife has full custody and has the legal rights to claim hm every every year. He only pays $48 a week in child support and I don't think that qualifies as 50% of what it costs to raise a kid in a year. He has done this the last 2 years and our returns keeping getting rejected because he files before we get our W-2's. We have filed amended returns but we have to wait the extra 3 months to get our money which is a pain in the ass. Should we file fraud charges with the IRS or get an attorney?

    Cliffnotes:

    Wife's ex-husband keeps claiming son on tax return

    Divorce states he doesn't have the right

    Attorney or IRS fraud claim?
  2. s1nnr s1nnr is offline will stab you

    Philadelphia, PA
    United States

    Posts: 9,642
    Joined: Mar 07

    Mar 7th, 2009 (3/7/2009 8:49am) in reply to jnspn92

    def contact a lawyer
  3. R_U_Nuts R_U_Nuts is offline

    South Bend, IN
    United States

    Posts: 7,865
    Joined: Jan 07

    Mar 7th, 2009 (3/7/2009 9:13am) in reply to jnspn92

    Before you waste money on a lawyer I would call the IRS and see what you can get done on your own. They are really going after EIC fraud hard this year so this may be your best chance to get something done.
  4. kidrockin kidrockin is offline cro magnon

    Yeniköy
    Turkey

    Posts: 7,540
    Joined: Oct 05

    Mar 7th, 2009 (3/7/2009 9:19am) in reply to R_U_Nuts

    He can go to jail for this. I would still claim what you are entitled to and let the IRS deal with him. I am a stepfather to a girl whos father is a complete lazy fucktard who has prolly given no more than 2k in the last seventeen years for his daughter. If he tried this i would stick it right up his ass.
     
  5. time4badbeat time4badbeat is offline

    WI
    United States

    Posts: 4,550
    Joined: Nov 06

    Mar 7th, 2009 (3/7/2009 11:11am) in reply to jnspn92

    Here is what you'll need to do - file a paper return and include with it documentation showing that the kids live with you guys (report card or w/e that gets sent to your house) and state that you are the custodial parent.

    The IRS will use different tie-breaker rules to decide who gets to claim the kids (it'll go in your favor obv.)

    Only problem with this is that it will delay your return a 6-8 weeks (roughly) but you'll be able to claim the children.

    For previous years did you amend your taxes to change it so you don't claim the children? If so I would re-amend them and claim them again - following this stuff.

    What would really get this father, is that if he tried to claim them and they decided (which they will) that you are entitled to it, he will have to repay any tax/credit that he received as a result of claiming the children. This will def. teach him not to claim them in the future.

    Overall there is definitely no need to get a lawyer - if you have more questions just call the IRS number and explain the situation to them and they'll tell you what to do (should be about the same as what I told you)
     
  6. shoot2score1 shoot2score1 is offline

    Southgate, MI
    United States

    Posts: 560
    Joined: Dec 07

    Mar 7th, 2009 (3/7/2009 11:11am) in reply to jnspn92

    def call the IRS as stated...put the screws to this deadbeat
  7. cmval cmval is offline

    Posts: 11,423
    Joined: Sep 06

    Mar 7th, 2009 (3/7/2009 11:16am) in reply to jnspn92

    Id call the IRS and most likely hire an attorney after that

    fuck this pos

    have his ass locked up
  8. time4badbeat time4badbeat is offline

    WI
    United States

    Posts: 4,550
    Joined: Nov 06

    Mar 7th, 2009 (3/7/2009 11:35am) in reply to cmval

    You absolutely do not need a lawyer - so don't waste your money.

    The IRS runs into this situation a lot where divorced parents both want to claim the children so they have written rules about how to resolve these situations.

    Just call
    Telephone Assistance for Individuals:
    Toll-Free, 1-800-829-1040
    Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

    And they will explain what you need to do.
     
  9. Decatur217 Decatur217 is offline OTs Iron Man

    IL
    United States

    Posts: 9,123
    Joined: Jul 05

    Mar 7th, 2009 (3/7/2009 11:48am) in reply to time4badbeat

    What is your wife opinion on this situation? Does she want you contacting someone about her daughters father, potentially getting him into trouble? I will consider you the Dad, over the father which is better imo, but if the daughter has a realtionship still with father would they watn to jeopardize it.

    I am not saying do nothing because obv something needs dont, just what is wife opinion
  10. amymarie1967 amymarie1967 is offline

    Columbus, OH
    United States

    Posts: 3,741
    Joined: Jan 06

    Mar 7th, 2009 (3/7/2009 4:18pm) in reply to time4badbeat

    We've been through this. Mike gets the exemption by court order. The first two years his ex filed and claimed him. He had to send in documentation, then they paid his return as filed. They then went back on her for the overpayments. She ignored it, and got garnished. She was PISSED when she didn't get her return at all last year. I doubt she'll do it again.
  11. Milo Milo is offline

    Brampton
    Canada

    Posts: 3,816
    Joined: Mar 08

    Mar 7th, 2009 (3/7/2009 4:55pm) in reply to amymarie1967

    Screw lawyers, let the IRS do the work. They're meaner bastards, anyway.
  12. jnspn92 jnspn92 is offline

    Peoria, IL
    United States

    Posts: 178
    Joined: Feb 06

    Mar 7th, 2009 (3/7/2009 7:32pm) in reply to Milo

    I did call the IRS and we finished up the tax fraud complaint form. What sucks about the system is that we are the ones who have to wait. I would work with the guy if he was actually paying some decent child support but jezuz $2,400 a year, get the fuck outta hear! We have went back all the way to 2005 and amended all the returns.

    It sucks that friends of mine are hard working individuals and get bent over by the system and this fuck does what he wants and nothing happens.

    Quick Quesion: If he has a wife and a live-in whore is that enough to reduce visitation?
    Thread Starter
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