confusedmama Posted January 30, 2008 Share Posted January 30, 2008 I went in to pick up the child care tax information today, you know the amount of $$ you spent on childcare in the previous year, and discovered my ex picked it up last week. I am FUMING Not only did he pick it up, he didn't tell me that he'd done so. I am sooo sick of his devious ways. He has the right to claim the youngest child on his taxes, but that doesn't include child care does it?? His child support amount doesn't even cover the cost of child care each month, why should he even try to claim the deduction on his taxes. I have emailed him to return the form and the daycare is printing another. They have apologized to me and the lead teacher told him she didn't think he could claim it, as he has NO returned checks, how could he since he has never paid it??? Is there anything I can do?? Or is it just another item I can't pursue because it will be more hassle than its worth and he will continue to pull larger and larger stunts that hurt the boys and I? Link to comment
CarnelianButterfly Posted January 30, 2008 Share Posted January 30, 2008 Have you spoken to your lawyer? If he has no proof of paying it and you do, he won't be able to claim it. Are you having you taxes done by a certified tax preparation firm? With the issues you have it might be smart to have someone who knows all the regulations and rules to look through your stuff. Link to comment
confusedmama Posted January 30, 2008 Author Share Posted January 30, 2008 I haven't spoken to my lawyer yet. I found out late this afternoon. I'll call him tomorrow but I don't know what, if anything, can be done. I usually do my taxes on Turbo Tax, much cheaper than an accountant and I need all the $$ breaks I can get. I hate to think of having to wait for an audit because it may never happen. It hasn't happened yet from where we both claimed the boys in 2005. He didn't have custody, a court document nor paid child support in over 7 months when he pulled that trick. He just peeves me off!! Link to comment
CatsMeeoow Posted January 30, 2008 Share Posted January 30, 2008 Of course it could vary by state.... BUT - if you are the custodial parent and pay the child care even if you do not claim that child as a dependent you still get the credit for childcare. I have to alternate years claiming my son as a dependent but I always take the child care deduction every year. My friend who is an accountant states this is the case for everyone. Good Luck Link to comment
just M.E. Posted January 30, 2008 Share Posted January 30, 2008 I had an issue where I had to prove my estimated tax payments, they were inadvertently credited to my ex's social security number. I brought in the copies of the canceled checks for my payments and the funds were immediately transfered back to my S.S. # without any questions. They explained to me that if you have proof of payment, the credit for the funds goes to your social. I would assume this would apply with the child care also. Link to comment
confusedmama Posted January 30, 2008 Author Share Posted January 30, 2008 It asks all these questions on TurboTax for this deduction to tell you whether you can claim it for your taxes and I can claim the youngest even though I can't claim him on my taxes. I think what gets me more than anything is the ex's sense of entitlement. WHY would someone think that simply because you want to do this it makes it OK? I need to take some time today to figure out who I need to talk to in order to straighten this out. Link to comment
just M.E. Posted January 31, 2008 Share Posted January 31, 2008 The sense of entitlement is extremely irritating, my lawyer got a letter from the ex's lawyer wanting almost half of my tax refund, although it is withheld tax payment prior to disbursement, the IRS does not consider refunds (and probably my state) taken on withholding as marital property, he stated he was being generous in wanting less than half. How considerate. I had a donkey that was less of an a$$ than him. But other than a good rant now and then on his behavior, it isn't worth my energy, he WON'T change and I need to move on and quit letting him rule my life. If I do that, then he continues to control, which next to entitlement is his second favorite dysfunction. Link to comment
confusedmama Posted February 1, 2008 Author Share Posted February 1, 2008 Just ME, is your ex and mine twins that were separated at birth??? They sound identical. Control and entitlement, my ex's 2 favorite things in life. And while usually I can also just ignore it and not let it get to me-at least not for long-this $$ from the taxes goes to pay bills from when decided he didn't need to pay child support, it's not as if I'm using for a vacation to some uncharted island (don't I wish). Knowing why doesn't always make it easier. Link to comment
BeStrongBeHappy Posted February 1, 2008 Share Posted February 1, 2008 anyone can claim anything on their tax return... and get away with it until they are audited! doesn't make it right, but lots of people do. it really isn't your problem though if you are divorced and have the receipts to prove you have the legitimate deduction and he doesn't. if they go after him, not your problem. Link to comment
CallingAllAngels Posted February 2, 2008 Share Posted February 2, 2008 I'm glad you posted this...my STBX husband and I don't have kids, but we have the house, which is a HUGE tax break. We have no formal separation agreement...he cheated and I sued him for adultry and won my grounds. I better check with my lawyer about how to go about doing our taxes...certainly he will try to screw me (no pun intened) out of any tax break I can get. You really got me thinking. Thanks again for the post... Sorry for what your ex did to you regarding the childcare....that is not right. ~Allie Link to comment
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