Taxes still...& School Transfer?
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| Mon, 01-30-2006 - 8:56pm |
I went to an H&R Block office today and got a run through of everything; also went to the official irs.gov site to research. I have no doubt about having the documentation/our temp orders which state that I am the custodial parent, that the children only lived with him for 16% of the year over a five month period, and then 49% (not really but on paper it does say it) of the time for 7 months of the past year; and I will file. But I was so hoping to file and get the refund back within a week or so...won't be able to though. I called the IRS to see if I could confirm whether or not the children's ssn's had been filed in a claim...they will not release that information. There is no way for me to know if he has filed like he did last year, but I have to figure he and his lawyer and his family already had this planned out. He is always two steps ahead of me I am embarrassed to say. I don't understand even half of the stuff I get from his various lawyers.
So there is no way for me to know if he has already filed and counted the children as tax deductions, until I file also and then it will be noted as a discrepancy. The rep at H&R Block told me for the electronic file version (not the fastest two day return either) --- I can get it back in 8 to 10 days...and it would cost $161.00.
Generally the tax preparers just wait and let you pay the fee out of the fed return check once it arrives. However, if I file it tomorrow and the application is red-flagged by the IRS because the other parent has already filed and used the children as deductions...well, then I will be contacted with whatever documentation they request for me to prove I am in fact the custodial parent etc. They will make a determination, and then take action..possibly audit him or at least require he pay the government back or they can do other things I guess. The point being there will be a couple of months delay while they investigate and take action.
In the meantime since the tax preparer did the work of filling out the forms and filing them, even though the case then is delayed etc, she told me you have to go ahead and pay them the $161.00 filing fee, which I can't anyhow. So this isn't going to work in order to come up with the money I need for rent. So I will just send in the short form myself and wait for the IRS to request proof of the custody I guess, hoping for some eventual funds to be received down the road. Does anyone know if you move--- can the normal official change of address from the Post Office work for forwarding tax refund checks, or is that one of those things that is not allowed to be forwarded? Thanks very much to everyone who gave me information.
Not the best day; saw another legal assistant at the Legal Aide Society and talked with two more lawyers via phone whom I had gotten referrals to...there just is no lawyer that is going to take a Move Away Custody case. Everyone I have talked with is straight forward and tells me I and the kids are getting jerked around, but its being done in 'smart ways' and ways which are hard to block, or prevent with or without a lawyer until the final trial.
To fight some of these things would take forensic evidentiary submissions to prove for instance that there was a retirement plan even though now his lawyer and him are saying there isn't nor ever was, or a percentage of the company was owned in stbx's name etc., specialized accountants to look at the parent's business records, or to subpeona records to prove how he went from making $65k annually to $7.00 an hour in three months from when I filed the divorce papers..things that CAN be done with the right specialists, but not without the funds to pay them and the lawyer...I am told its very time consuming and not something that usually is taken on as a pro bono case.
Free legal counsel generally available for low income folks is pretty much limited to help with filling out forms, and information on the court system...not actual legal representation except for immigration and/or criminal cases. There are so, so many needy people in this area, there are just not enough resources.
I mentioned here before that I had finally gotten through all the assessments etc to help our special needs child get placement in the school district in a wonderful 6-student day class specifically relating to his disorder. Stbx delayed and refused to go to the meetings or sign the paperwork until January. He finally signed his approval last Monday, and the staff called to let me know.
This week the little ones are on their week with stbx. Today was the first day when our little boy was supposed to start at the new school and class (only 1 mile from his main school site where his brothers and sisters are continuing to attend). I went over there to leave a note with phone and work info for his new teacher (*and of course hoping to sneak a peek at my little guy in his new class!) --- but the front office staff told me the father had sent them an email and did not bring our son in there at all for his first day of class. He has requested the children be moved to a different school in the district.
Why? They have been enrolled at the current elementary for a little over two months...are settling in and the teachers are doing a great job of helping them make the transition from homeschooling to a structure elementary school setting. The girls are catching up in the one subject area each that they were 'behind' in, and our little kinder-guy is holding his own and seems to be enjoying going 'to school'. He enjoys it, even though he is a little timid - but most kindergarteners are in the first months of the school year and then they settle in and get in a groove and feel secure about this new thing called 'school'.
There was no other information available -- just that the other parent has requested the children get to move to another school in the district (read that as one in the most affluent neighborhood, 7 or 8 miles one way from where we live...its 'better' of course he thinks because it has less 'color' in it probably...arrrgh...). Just because he is 'requesting' it --- does that mean he can keep our son home until an answer is made on the transfer one way or the other? I will call the school district again tomorrow and see what I can find out.
I have sent off an email to the childrens' lawyer --- maybe they will get involved somehow and help our boy start receiving services which will help him; every day counts and this is a great class placement where I am sure he will flourish and learn a lot of skills, as well as the student/teacher ratio being small enough for him to receive attention in some of his advanced, splinter academic skills. I love these kiddo's so much. Why am I not smart enough to do all this.
Looking for some other windows or doors....Peace, Annah

My goodness Annah, I'm so sorry that you're having to go through all of this... I'm amazed by the strength that you have that enables you to keep going...
I'm keeping you in my thoughts and prayers... keep us posted!
*hugs*
Julie
Gheez Annah!..... {{{{{{HUGSSSSS}}}}}}
You'd think that the school wouldn't let anybody do anything else until they have legal documentation from all of this--so the kids couldn't be moved any more... and heck, if he sent word that he wasn't sending them to school, here, you'd better have a good reason why that you can document and prove or they toss parents in jail for truancy.
He really sounds like such a BIG jerk!... and the blessing really would be if he has filed the kids on his return (I know, it would slow yours up... but)..... but, that would toss his out and likely make him a target for audit, and if they are going to audit, you'd better bet it won't be for just this year.
Karen ~ wildlucky4me ~