How to stop future ex from claiming son for 2002?

[CalifGentleman]

What is the name of your state? CA

Last year, as we were still legally married, wife took advantage of me out on a business trip to file her taxes alone and claimed son + apart. While she got over $2K in return, I ended paying back $2,5K
This year, as our court day for divorce is scheduled at the end of Feb '03, future ex is totally decided to rush and file taxes as soon as she gets her W-2; usually, she gets hers before I get mine, making it difficult for me to file first. So far, I've been the one supporting the family at 95%.

--> How to prevent her from claiming him and the apart for 02?

--> Since she's engaged in a war to ruin me financially, is there a way I can actually reimburse me for the last year returns on the son and apart? I don't want to be the nice man anymore; I believe it's become stricly business and we all have to follow the rules.

Any input will be definitely appreciated

 

[ChevyGirl]

Who has physical custody of the child? If you paid more than 50% of the costs of the child, then you automatically get to claim them as a dependent. If you have the child physically, they you get the earned income credit. Go ahead and file this way, let them flag it and let her try to prove that she paid more than 50% of the costs of the child.

 

[CalifGentleman]

Reply to ChevyGirl

ChevyGirl,
No custody has been decided yet. Like I said, our court day is scheduled at the end of February 03.
Until Dec 02 when we were living together, we both spent time with our son as a family....me with him when she's at work and she'll be with him on her days off.....since mid-Dec 02, she took him away from me and separated

I've been supporting our little family, therefore our son for over 95% of the expenses.

How can i legally stop her from claiming our son+ apartment (I've been paying for the rent for all 02 year-long + all utilities bills)?

or is there a way that even if she files her taxes and claims son and apart, i can get the judge to get her to pay me back or to get her to go back to H&R block (I know she'll file there as usual) and amend her taxes?

And is there a way to get her refund me the returns on the son she got last yr by claiming him by herself?

Please help me figure this out! Thanks in advance

 

[ChevyGirl]

Well, since you lived together, you supported her and the child, then claim him as dependent and the Earned Income Credit. You can't stop her from doing anything. So, let her file too, don't let her know what you are doing, then, later on, the IRS will ask her to prove that she supported him and not you. Therefore, she will have to pay back the money to the IRS. Also, when she claimed the son last year, why didn't you claim him too and let them ask her last year to prove she supported him?

 

[CalifGentleman]

To ChevyGirl

ChevyGirl,
I appreciate ur input.
--> Honestly, when she filed and claimed the son and the apartment alone last year, I didn't know I could claim him too and let the IRS inquire; actually, I was afraid to put myself in trouble until recently when I came on this website.

--> Now that we are going before a judge for the divorce, can I request the judge to get her amend her 01 taxes or pay me somehow?

--> And for 02 taxes, since she'll be able to file them before me (simply because she gets her W-2 earlier than me), can i request the judge to add in his order that I am the one claiming the son, the apartment and her as head of household as they have been my dependents last year?

Please advise. Thank you

 

[EEck]

You can have it written into your court order that you get to claim the child for tax purposes...but if she works they usually let one parent claim the child in even # years and the other parent in odd # years....However it can work many different ways, my boyfriend had his paperwork state that until the mother made 5,000.00 he had the right to claim his son because he knew she would go get a job for a month and then he would be out of the exemption. Just tell your attorney what you would like and formulate a deal. Also to qualify for head of household you cannot be married, or some married persons who lived apart, ( for six months or more) which you said you did not, until 12-02-02. My ex husband claimed our son on his taxes last year and they are now asking whoever is in the wrong to amend their taxes. When I called to ask about sending in verification that the exemption was mine she said to wait and see if the other party amends. I would file claiming the child especially if she didn't make more than you...she will be the one to reimburse the government!