I spoke to someone at IRS

iVillage Member
Registered: 06-11-2004
I spoke to someone at IRS
9
Thu, 10-27-2005 - 12:07pm
Okay I got in contact with someone at IRS and they said that if we were to both file for the baby then they would contact us informing us of this and then the one who is head of household that the child resides with for more time of the year is the one who has the right to file. So we would have to prove who the child lives with. Eg. school records etc. So if he does do it then he will be screwing himself.
iVillage Member
Registered: 03-19-2003
Thu, 10-27-2005 - 12:40pm
I'm glad that they gave some encouraging information..... just be aware that if he does file first and claim her, it can hold up any refund that's due to you until they are satisfied, receiving paperwork from you and mulling through their burecratic process.


Karen ~ wildlucky4me


Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-11-2004
Thu, 10-27-2005 - 12:52pm
That's definitely something to consider. I will still go with my first instinct and that's run like a bat out of hell, once I get my W-2's or whatever they are, lol.
iVillage Member
Registered: 03-26-2003
Thu, 10-27-2005 - 1:04pm

Yes. File immediately. Feb. 1.

And I like to file electronically, that gets it there the same day.

iVillage Member
Registered: 09-02-2004
Thu, 10-27-2005 - 1:10pm
I'm glad you got good info. going straight to the source. Yes, if there's nothing in the possession/custody order and both parents claim it could cause trouble. But if you have primary possession, then you usually have right to claim child, regardless of CS. I would suggest you have your attorney spell out that you get to take the exemption in the legal possession order and that he/she puts the form 8332 with the order for signature. This was done in my case, making it impossible for either one of us to fool with. Sometimes if CS is a big $$ no., parties will agree to let Dad claim the kids, it can go either way depending on circumstances and agreements. I do suggest you do the math and review the guidelines to see if you can qualify as head of household filing status. It makes a big difference in what I have to pay. It might for you too.
iVillage Member
Registered: 06-11-2004
Thu, 10-27-2005 - 3:09pm
We were not legally married. So there are no attorney's involved. It seems to potentially be a mess as Im sure he will try to file for the baby. Hopefully he will inquire about this as I have and not do it. We'll see. Since there is no way I can prevent him from acutally filing.
iVillage Member
Registered: 03-06-2005
Thu, 10-27-2005 - 4:43pm

Karen, sorry about the CL hat..... I had to reply to this one.


iVillage Member
Registered: 03-19-2003
Thu, 10-27-2005 - 7:06pm
Does he have the baby's social security number?????

Karen ~ wildlucky4me ~

iVillage Member
Registered: 03-19-2003
Thu, 10-27-2005 - 7:09pm
Yes.... I know of people that file electronically, and literally, you're sitting there with the tax preparer and they click "send" and it immediately kicks it back if the SSN has already been used in a return that's already been filed.

Karen ~ wildlucky4me ~

iVillage Member
Registered: 11-12-2004
Thu, 10-27-2005 - 11:22pm

How easy do you think it is to get the child's SSN for the NCP that may not have it?

Thanks for the information regarding taxes. Though I have full custody and dimwt has completely vanished off the face of the earth (oh please let it be) without paying any of the ordered CS, I don't put it above him to try and claim the child to pad his own pockets. I will hurry with the taxes just in case.