Making agreements with my ex

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Making agreements with my ex

Unread postby frustrated_dad007 » Wed Jan 17, 2018 8:51 pm

When we divorced 7 years ago we did joint custody, the kids spent alternating weeks with each parent, standard holiday schedule and the standard alternating dependent claim on taxes.Health insurance and co-pays, etc. to be split.I paid a small amount in support due to income differences.This is what the decree laid out After a few months, she offered to just pay the insurance if I paid the copays and prescriptions. This worked great until I relocated out of state in March 2015. We verbally agreed (I know, I know) that I would increase support to $600 a month and she would claim the kids on taxes. I am now back in Utah and making much less than I was before and we are no longer doing the alternating weeks with the kids due to me not living in the same county and transportation to get them to school would not workout.

With my reduced income I used the Utah Support calculator and have been paying the new amount but she went to an attorney and he told her that our agreements aren't legally binding (Which I get) and that she can collect half of what her health insurance premiums were going back six years because that is what the decree states.

I understand all of that, but if so, then does that mean that I can go back and amend my tax returns for the years that she claimed all 3 kids because it was also due to an agreement between us and not as stated in the decree? I feel that I should be able to but the kids were with her other than visits so I'm not sure if I'm correct.
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Re: Making agreements with my ex

Unread postby BartSimpson » Wed Jan 17, 2018 9:00 pm

Hello,

What does the mother want?
How many and how old are the kids?
Why the distance between you and your kids?
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Re: Making agreements with my ex

Unread postby frustrated_dad007 » Wed Jan 17, 2018 10:02 pm

She is wanting half of the medical insurance premium going back 6 years, which as I said is what the decree states.However, she does not think she should also have to amend her taxes for 2015 and 2016 when she claimed all three kids and should have only claimed 2 in 2015 and 1 in 2016 as also stated in the decree.

There were three kids at the time I moved out of state in 2015. Ages at that time were 16, 14 and 10. the 16 year old turned 18 in November 2016 but was still in her senior year.

Can she expect me to have to honor the decree as to the Health insurance premium but not have to honor the tax exemption claim as both stated in the decree and does the fact that she had the kids for most of 2015 and all of 2016 change that without having amended the decree.

I live 30 miles from them and see them regularly but with my work schedule the drop off and pick up from school can't be accomplished.
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Re: Making agreements with my ex

Unread postby BartSimpson » Wed Jan 17, 2018 10:23 pm

It was a court order, not a suggestion. Yes, she will automatically be able to hold you to the last court order.
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Re: Making agreements with my ex

Unread postby frustrated_dad007 » Wed Jan 17, 2018 10:31 pm

Right, but I will also be able to hold her to the claiming kids on taxes as set forth in the decree?
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Re: Making agreements with my ex

Unread postby BartSimpson » Wed Jan 17, 2018 10:51 pm

No, because the IRS does not use decrees to determine taxes. She had the overnights to qualify so unless you can get Form 8332 signed for those years then it ain’t going to happen.
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Re: Making agreements with my ex

Unread postby frustrated_dad007 » Wed Jan 17, 2018 10:54 pm

Damn. Alright, thank you!
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Re: Making agreements with my ex

Unread postby Minerva » Mon Jan 22, 2018 11:38 am

You sure about that Bart? My attorney told me that if my IRS filing violated the order that she could take me back to court for the difference. The IRS still gets their cut, but it would basically be a civil matter to get the damages back.
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Re: Making agreements with my ex

Unread postby dad2grls » Mon Jan 22, 2018 4:14 pm

It's always been my understanding that if the divorced parties file tax returns that conflict in some way all the person needs to do to prove they're correct is send a copy of their divorce decree to the IRS that shows they paid and deducted the correct amounts.
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Re: Making agreements with my ex

Unread postby Minerva » Mon Jan 22, 2018 5:07 pm

dad2grls wrote:It's always been my understanding that if the divorced parties file tax returns that conflict in some way all the person needs to do to prove they're correct is send a copy of their divorce decree to the IRS that shows they paid and deducted the correct amounts.


I know that's not correct the IRS states very clearly on their site that they don't accept divorce orders for IRS calculations. They only use their guidelines. EG if you have the kids more than 50% of the time you can claim the kids on your federal taxes regardless of your divorce orders.

My understanding is that afterwards, if you or your wife violated the decree, you can go after the damages with your local family court. That may be a state by state thing not sure...
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