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Sun 27 Feb, 2005 06:40 pm
My divorce was finalized june of last year and in our divorce papers it specified that on even yrs he would clamin two of our children and myself one and on odd years i would claim two and him one on our income taxes. However on the years he claims two dependents, he has to be up to date on child support payments by december 31st.
He apparently filed e tax this year and claimed two of the children and didn't tell me the children he was claiming <making it harder for me to file> and he didn't get my signature on the 8332 form allowing him permission on my behalf. The catch is that he WAS behind on support as of the end of last year and filed anyway. Now I am trying to file and would really like to claim the two that I should be able to claim, but don't know if I can.
Yes he has already gotten his refund back and no he never got my signature on the form. Any advice?
I would call the lawyer who handled you divorce and talk with them, but it seems clear that he had no right to claim the kids being in breach of the divorce agreement, so if you claimed them as well, your ex would end up with a bill from the IRS.
Good luck to you and welcome to A2K.
When the same thing happened to my daughter, she called an income tax office and explained it to them. They made the father return his refund and in the meantime paid her what she was due.
so should I just file then paper taxes and send a copy of my divorce papers and the statement from division of child support showing he was behind along with my taxes?
I would phone an IRS office. They will explain it exactly.
I agree with Edgar. Call them up and they will tell you exactly what you need to do.
I called them up and they were very uninformative actually. the first time I called they told me to file a faulty return on his behalf and i had to hang up to get my son's social number and when i called back they told me to just send a paper return in and that they would get back to me????? That's why I am so confused. I am just going to do my taxes and hopefully they take it from thyere I just don't want my ex to think he got away with this and make this a routine each year.
Thank you very much you guys!
In that case, just do your taxes and put the claim in anyway. Since you're in the right and have proof, he'll be forced to pay them back.
Good luck
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