SAM_Hard8 50 Posted February 3, 2011 Share Posted February 3, 2011 As many of you know my wife of 27 years walked out on me March of last year. We are not divorced, just separated.Well I just got a letter from her saying that she has filed her taxes and has claimed our youngest son as a dependent.She didn't ask, we didn't discus it to find out the best way to use the deduction, she just did it.He is a 20 year old college sophomore and lives with me. I pay for all his room, food, car insurance ect. When she left he was away at college but when he came home in May he moved back in with me (the house we have lived in for 16 years.) She pays zero support.What happens if I claim him too, what will the IRS do? How do I dispute it with the IRS? What are my options? Link to post Share on other sites
GWCGWC 83 Posted February 3, 2011 Share Posted February 3, 2011 I'm sorry to hear about this Sam but you need to get a divorce attorney immediatly. Like, start looking today. This should have been done last March but whatever. It doesn't matter how amicable(doesn't sound like the case here) someone expects a divorce to be, when you have kids and the accrued assets of 27 years, you need to make sure it's done right. Hell, if someone's in complete bankruptcy mode, doesn't have any assets or kids, it's still a really good idea to hire an attorney. Tax stuff; I think it's completely irresponsible to get any tax advise on a poker forum. It's even more irresponsible and depending on the posters qualifications and career, it could be illegal to give out tax or legal advise on a poker forum. get a lawyer dude, like..........11 month ago Link to post Share on other sites
speedz99 145 Posted February 3, 2011 Share Posted February 3, 2011 If the IRS comes knocking about the fact that you both claimed him as a dependant, the bitch is the one that'll get fucked for lying, not you, so who cares? Link to post Share on other sites
Skeleton Jelly 2 Posted February 3, 2011 Share Posted February 3, 2011 What happens if I claim him too, what will the IRS do? How do I dispute it with the IRS? What are my options?I've been dealing with this exact thing for years and I know precisely what you should do. Not only will it benefit you, but it will totally screw her over too. The first thing you need to do is...it could be illegal to give out tax or legal advise on a poker forum.Whoa, nevermind.That was close. Link to post Share on other sites
Skeleton Jelly 2 Posted February 3, 2011 Share Posted February 3, 2011 The non-custodial parent must attach a written declaration from the custodial parent giving the non-custodial parent permission to claim the dependent. The custodial parent is the parent with whom the child lived for the greater number of nights during the year. So technically she can't claim him without your permission. File your return and claim him; if there is a dispute, she'll lose.Pretty sure invisible font covers me legally. SA21, please confirm. Link to post Share on other sites
Skeleton Jelly 2 Posted February 3, 2011 Share Posted February 3, 2011 Full disclosure: I haven't really dealt with this before.But I do know where to look for the answers.Ok, I feel better now. SA21, please confirm I'm not going to jail. Link to post Share on other sites
GWCGWC 83 Posted February 3, 2011 Share Posted February 3, 2011 huh. I don't know if you're a CPA or just play one on TV. Now that I think about it, it's odd how little I know about you considering how many posts I've read of yours. If you are a CPA, then that was nice of you and you didn't even CYCC. Link to post Share on other sites
Skeleton Jelly 2 Posted February 3, 2011 Share Posted February 3, 2011 I just like to pretend I know what I'm talking about.SA21, fact check my posts please.(I'm running up a fat bill today.) Link to post Share on other sites
Napa_Don 688 Posted February 3, 2011 Share Posted February 3, 2011 As an aspiring CPA I would agree with SJ's post as long as SA21 says I can. Link to post Share on other sites
speedz99 145 Posted February 3, 2011 Share Posted February 3, 2011 Ok, I feel better now. SA21, please confirm I'm not going to jail.I mean, I know he didn't pass the bar on his first try, but you know that Cane is actually an attorney now, right? And that SA21 is still boozing it up and arguing semantical bullshit as a law student? Link to post Share on other sites
SAM_Hard8 50 Posted February 3, 2011 Author Share Posted February 3, 2011 I'm sorry to hear about this Sam but you need to get a divorce attorney immediatly. Like, start looking today. This should have been done last March but whatever. It doesn't matter how amicable(doesn't sound like the case here) someone expects a divorce to be, when you have kids and the accrued assets of 27 years, you need to make sure it's done right. Hell, if someone's in complete bankruptcy mode, doesn't have any assets or kids, it's still a really good idea to hire an attorney. Tax stuff; I think it's completely irresponsible to get any tax advise on a poker forum. It's even more irresponsible and depending on the posters qualifications and career, it could be illegal to give out tax or legal advise on a poker forum. get a lawyer dude, like..........11 month agoDamn advice blocker Gary! I'm obviously not going to take anything here as gospel just looking for a little guidance. And thanks for your advice. I have been putting it off but I guess its time. Haven't really worried about it because she pretty much spent all our assets and our kids are old. Will call a lawyer tomorrow. Link to post Share on other sites
Napa_Don 688 Posted February 3, 2011 Share Posted February 3, 2011 http://www.irs.gov/pub/irs-pdf/p501.pdfAround pg 12/13 it talks about qualifying child and what to do in the matter of a seperation. I retract my [previous statement. Link to post Share on other sites
mtdesmoines 3 Posted February 4, 2011 Share Posted February 4, 2011 As many of you know my wife of 27 years walked out on me March of last year. We are not divorced, just separated.Well I just got a letter from her saying that she has filed her taxes and has claimed our youngest son as a dependent.She didn't ask, we didn't discus it to find out the best way to use the deduction, she just did it.He is a 20 year old college sophomore and lives with me. I pay for all his room, food, car insurance ect. When she left he was away at college but when he came home in May he moved back in with me (the house we have lived in for 16 years.) She pays zero support.What happens if I claim him too, what will the IRS do? How do I dispute it with the IRS? What are my options?I'd worry more about getting the divorce done than perfecting the taxes TBH. I'd fill out my tax forms like there was nothing so logical in the world as claiming him and let her lawyer explain why she was trying to defraud you and the IRS. Link to post Share on other sites
SuitedAces21 2,722 Posted February 4, 2011 Share Posted February 4, 2011 The non-custodial parent must attach a written declaration from the custodial parent giving the non-custodial parent permission to claim the dependent. The custodial parent is the parent with whom the child lived for the greater number of nights during the year. So technically she can't claim him without your permission. File your return and claim him; if there is a dispute, she'll lose.Pretty sure invisible font covers me legally. SA21, please confirm.Confirmed.Ok, I feel better now. SA21, please confirm I'm not going to jail.Not with me on retainer.I just like to pretend I know what I'm talking about.SA21, fact check my posts please.(I'm running up a fat bill today.)Facts checked. Accuracy confirmed. If two people claim the same child, they will both be audited. I would ASSUME that the audit would reveal that one parent illegally claimed the child and that person will be taken out back of the IRS building and shot like the dog they are.We'll call that an hour. $400 please.I mean, I know he didn't pass the bar on his first try, but you know that Cane is actually an attorney now, right? And that SA21 is still boozing it up and arguing semantical bullshit as a law student?Objection. Move to strike.*The content of this post, despite not being funny in any way, was meant as a joke. Please do not think I am legally advising anyone. That would be ridiculous. None of you pay me. Link to post Share on other sites
speedz99 145 Posted February 4, 2011 Share Posted February 4, 2011 So, really, she did you a favor. You'll both get audited, she'll get screwed, and in the divorce it'll be one more reason for the judge to side with you, as she'll have been proven to be a lying whore. Link to post Share on other sites
leftygolfer 7 Posted February 4, 2011 Share Posted February 4, 2011 Biitches be crazyFYP.EDIT: I doubt you will get audited, but double check with a taxprepayer befrore you file. It's been a LONG time since my last tax class, but makes sense for you to file and claim him. Link to post Share on other sites
brvheart 1,752 Posted February 4, 2011 Share Posted February 4, 2011 *The content of this post, despite not being funny in any way, was meant as a joke. Please do not think I am legally advising anyone. That would be ridiculous. None of you pay me....becoming a bitch to the system, right before our eyes! Link to post Share on other sites
Tiltinagain 973 Posted February 4, 2011 Share Posted February 4, 2011 Not a lawyer and didn't stay at a Holiday Inn Express last night but my guess is she called to tell you about it hoping thatyou would then not try to claim your son, thus opening herself up for an IRS enima.I would pretend the call never happened and claim him according to IRS guidelines for dependant students. Link to post Share on other sites
mtdesmoines 3 Posted February 4, 2011 Share Posted February 4, 2011 Will call a lawyer tomorrow.Have you called a lawyer yet? Seriously, I wouldn't wait on this and I'd also ask the lawyer to protect me against her running up bills ASAP, etc., right now. You have right AND responsibilities, and you need to get to work on them now. Link to post Share on other sites
SuitedAces21 2,722 Posted February 4, 2011 Share Posted February 4, 2011 Really though. All you need to do is get a lawyer. Hell, even Cane could probably handle this. Link to post Share on other sites
mrdannyg 274 Posted February 4, 2011 Share Posted February 4, 2011 Let's remember folks, getting audited is not cool beans. Even if she would lose this aspect, Sam's probably not keeping all his receipts or all kinds of other crap you only need if you get audited. Link to post Share on other sites
Skeleton Jelly 2 Posted February 4, 2011 Share Posted February 4, 2011 Two people claiming the same dependent isn't an automatic audit. It just means you'll get a letter from the IRS and you'll have to provide evidence that you're the custodial parent. Link to post Share on other sites
Balloon guy 158 Posted February 4, 2011 Share Posted February 4, 2011 An old Irishman was at the pub and his wife was sick of it every night, so she went to the local priest and asked him to get involved.The priest said he would then went out and hid on the path from the pub to this man's home.Just as the man stumbled up to the priest's hiding place, the priest jumped out and shouted: "I'm the devil!"The Irishman stuck out his hand and said; "Pleased to meet you, I married your sister."The title reminded me of this joke. Link to post Share on other sites
phlegm 6 Posted February 7, 2011 Share Posted February 7, 2011 This same thing happened to me. About three years later I got a letter from the IRS saying not to let this happen again.If you are basically clean on your taxes, then really screw with your wife by claiming her on YOUR taxes. Link to post Share on other sites
sandwedge 30 Posted February 8, 2011 Share Posted February 8, 2011 I was married to the Devil once. I have no advice on taxes, but I COMPLETELY agree with the previous "lawyer up" posts. And here's the best advice you'll ever get: make it the best damn divorce lawyer you can find. I had a horrible lawyer, and got totally screwed. Link to post Share on other sites
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