Today TaxMama hears from Kathy in the TaxQuips Forum who is in despair. Let me summarize her problem – and you can read the details, here. Her husband’s ex-wife keeps claiming their children on her joint tax return with her new husband, even though the divorce agreement says Kathy’s husband gets the children. Kathy and her husband are now forced to pay additional taxes, on an installment, to avoid having their wages garnished or bank accounts attached. What can they do?
Rochelle Gross, of Rochelle’s Tax Service, provided a good overview of the process – and explained that your husband needs to get a Form 8332 signed by his ex-wife, in order the avoid these problems in the future.
But I’ll bet she doesn’t want to sign. So let me get on my soapbox for a moment here, because I truly feel your pain. And it makes me furious.
You would not be having this problem at all if your attorney had done his/her job properly. What’s the point of negotiating a divorce agreement and putting it in writing when you know the jerk you’re divorcing (male or female) is never going to adhere to the terms of the agreement, anyway. If they could behave well, you wouldn’t be divorcing them in the first place.
Which is WHY I have put together a webinar for divorce attorneys, (or clients) and tax pros whose clients get divorced. It’s going to be a checklist of things to give to your divorce attorney to ensure YOU are protected.
Rochelle is right about the rules. Without that Form 8332, you will have to fight this out every year. After all, IRS is not a party to the divorce agreement.
I came up with a pretty clever, creative, and nasty solution for Kathy. It’s too long to post here. But read it. You’ll like it.
And remember, you can find answers to all kinds of questions about divorces, and other tax issues, free. Where? Where else? At www.TaxMama.com.[Note: If you were subscribed to the e-mailed TaxQuips, you’d be getting other exciting news and tips by e-mail, that never appear on the site. Please click on the join TaxMama.com link – it’s free!]
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