3 yrs ago my hubby and I filed our taxes together. They gave her the portion of the child tax credit for MY daughter. Can I sue her for that? After all that credit was for my child.
2007-02-23 03:33:30 · 15 answers · asked by littlemama_rules 2 in Family & Relationships ➔ Marriage & Divorce
My husband owes back support which is why the IRS took our return. I did talk to the IRS and they gave me my portion but nothing from the child credit. I've never been ok with her getting the child credit. I have just thought that there is nothing I can do about it.
2007-02-23 04:06:46 · update #1
I'm not deniying that my husband has to pay for his FIRST kids. My question has to do with the money that was to be refunded to MY daughter was given to her for her kids. Just like she deserves the money that is owed to her kids, don't I deserve the money that is owed to MY kids?!!!
2007-02-23 05:32:34 · update #2
Suing won't get you far because the IRS and the judicial system do not work together simultaneously like that. You need to report the issue to the IRS...it may very well have been their mistake, unless of course you can prove that she actually used your daughter on her own taxes, but that requires an SSN which I assume she couldn't just get on her own.
You will still need an attorney, however. There are many out there who specialize in these types of cases involving the IRS and fraud - look some up and get in to talk to them before contacting the IRS yourself.
Further advice is to not file jointly anymore until she is paid up so you don't have to lose out on YOUR money. Regardless, it is still your money, NOT hers, and you dont owe her crap to support THEIR child.
2007-02-23 03:50:17 · answer #1 · answered by hjfr27 3 · 0⤊ 1⤋
That is what happens when you get with a man who already has kids. Been there.. happened to me when I filed my first tax return with my husband. No, there is no way to get it back. You cannot change the fact that he has another child to support. Maybe you should have thought about his other child before you had another one with him. His child comes FIRST before your new child. It doesnt seem right but it is the law. That is the only way they can collect on deadbeat dads. Leave his ex alone. She deserves the money for the child he has neglected in the past. Look at it as free money to pay off his debt and he is that much further ahead.
Nearly everyone who has answered you did NOT understand your question. You are angry the IRS garnished YOUR credit for your new daughter and gave it to his ex because of his arrearages. This has nothing to do with his ex. She is the victim here, not you or your husband. Tell hubby it is CHEAPER to KEEP HER.
2007-02-23 07:59:19 · answer #2 · answered by Tink 5 · 0⤊ 0⤋
I'm confused? You filed your taxes together and you signed the return that gave her your credit? If you were okay with it then, why are you not okay with it now? Because now they are an item? Or because he slipped it in there? If its the latter, file an amended return and be prepared for a little backlash from the IRS, but if its one that was an honest oversight and she has incorrectly capitalized on something she wasn't entitled to, well, then she will be in a fix with the IRS. You sure you want to stir that pot? Sometimes its better to leave these things alone. But if you honestly feel she has inappropiately benifited from something she shouldn't have, then by all means, stir away! As to filing a suit, I don't think you would have one, as you signed the document giving her the credit, only thing that has changed is now he's not filing with you, he's filing with her. You might just look like a woman spurned, instead of the victim.
2007-02-23 03:50:05 · answer #3 · answered by Tippy's Mom 6 · 1⤊ 1⤋
Who is they? The IRS? Appeal to the IRS, it should get her into a lot of trouble if she wasn't the provider of at least of half of the childs expenses and lived with her for greater than 6 months. Then you can file an amended return.
This isn't an issue to sue about.
2007-02-23 03:38:41 · answer #4 · answered by Radagast97 6 · 2⤊ 1⤋
Nope you don't get to sue her for the child tax credit that goes to HER child because HER child was first. It doesn't matter that you and he are married, according to the LAW his FIRST committment is to his FIRST child. You married a guy with baggage if you didn't want to deal with this sort of thing you should not have married him to begin with.
2007-02-23 05:21:04 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You should go to the IRS about this because it was thier mistake. That credit should have went to you and your husband.
2007-02-23 03:42:53 · answer #6 · answered by Phaylynn 5 · 1⤊ 1⤋
Your best bet here is to contact the IRS and explain the situation to them and ask for advice on how to proceed. They may just have you file a new amended form and theyll collect their mistake back from her themselves. Theyll tell you what you need to do. Good luck
2007-02-23 03:40:47 · answer #7 · answered by Arthur W 7 · 0⤊ 2⤋
You can sue anyone for anything these days...but that doesn't mean you will get any money from her...it sounds more like a civil suit to me..take her to small claims
2007-02-23 03:37:13 · answer #8 · answered by Anonymous · 0⤊ 2⤋
Uh, you didnt have a prob with it then so I doubt you can do anything about it now' especially since you two were obviously together and you knew about it and said and did nothing.
2007-02-23 04:22:22 · answer #9 · answered by Mean Carleen 7 · 1⤊ 1⤋
you need to contact the IRS and let them fix it. Trust me if they do it, it will be worse for her, you will get the amount you were suppose to get, but she will be forced to return and amount she was not suppose to get because of the wrong credit, and plus they will charge her interest.
2007-02-23 03:38:41 · answer #10 · answered by whatelks67 5 · 2⤊ 2⤋