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Caretaker1 posted 4/23/2014 21:11 PM

Shithead refuses to tell me if she filed and if she claimed the kids....or one or which one. Lawyer and CPA keep bouncing me between both. Called IRS CPA says to claim only one. Any advice? Lawyer says same.

Nature_Girl posted 4/24/2014 00:05 AM

I had the same problem last year. I finally was prepared to file the taxes as married:separate, claiming the children, and the heck with begging him & paying the lawyer $$$ to try & find out in advance if he'd filed or not. As it turned out he hadn't filed, we ended up filing married;joint, but it was a total fiasco and cost me mega $$$ in attorney fees. If I had to do it over again (and thank you Jesus I don't!) I would have just filed on my own & let the IRS figure shit out.

nekorb posted 4/24/2014 06:50 AM

What does your decree say to do? Whatever it is, do it.

Gemini71 posted 4/24/2014 07:50 AM

If your decree doesn't say who gets the kids, go by the IRS rules. The first test is 'who had the most overnights with the kids.' If you did, then you get to claim the kids, regardless of what she did. If the overnights are equal, then they go by who actually contributed the most to their support.

Either way, if you both file using the kids, the IRS will flag both returns for review. Good luck.

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