My wife, as you may know, is much younger than I, as are most of her friends. In particular she has a friend who is in her early 20s and just had a baby with a man to whom she is not married, who has children with other persons, dumped her when she told him she was pregnant, and who has paid not a nickel of child support, being scum. Anywhistle, her sperm donor is also not filing taxes. Last weekend he suggested that, if my wife’s friend needs any money, she should claim his child on her taxes for last year so she can claim the Earned Income tax credit and split it with him, this being as near to being support as he thinks he should pay. She was nervous about this, but he pressured her into doing it, and she e-filed with Jackson Hewitt. Yesterday morning it hit her that this was massively stupid, so she came to Mrs. Rhymer for advice. Mrs. R told her that,yes, that was massively dumb, but her husband is Superman and can think of something, or at least figure out who to ask.
Sigh.
So tomorrow I’m going to call the IRS hotline for my young friend and phrase the question as delicately as I can. Having called the IRS for tax advice before, I anticipate (a) a long wait on the phone and (b) multiple answers if I call more than once. So I ask you, Dopers–what should she do? (Other than not cashing the check when it arrives and looking up “tax attorney” in the yellow pages.)
That’s what I told her first thing. Should she also talk to the IRS, is, I guess, what I’m really asking. Mrs. R. says yes; I say nay. Both Rhymers think that part of the donors motive is a desire to have something on her if she ever tries to get child support.
No need to talk to the IRS. Go back to Jackson Hewitt if she wants to pay money for a simple amended filing, or do the paperwork herself if she’s up to it.
Accountant here - file that amended return ASAP! Talk to the IRS only if needed - they will contact her if they have questions.
If she has already received $$ from them, sent a check back for the amount owed (overpaid to her by the IRS) with the amended return. As long as all this is done SOON, it is highly doubtful the IRS will ever have the slightest interest in hearing why she had to file an amended return. They are interested in money, period.
Another vote for a prompt amended return. If the question should arise, the reason should be given as: “I realized the first return wasn’t correct, so I filed an amended one.”
I’m in the same boat. So this woman is claiming her own dependent child on her own return? And then giving some of the refund to Mr. Dipshit? While that isn’t the smartest thing, she can do what she wants with it after she receives it.
Or by HIS child, do you mean his with another woman?
Although he presumably doesn’t have much to offer, I hope she can take all she can get.
Friend has a child with Dude, and Dude has a child with Whomever.
Friend’s child lives with Friend, Dude’s child lives with Dude.
Dude does not file his taxes, thus Dude’s child is a dependent person with a SSN that no one is claiming on their taxes as a dependent.
Dude says “well I’m not going to give you any money for OUR child, but if you want you can falsely say that my child that lives with me actually lives with you and is your dependent, and that’ll get you a few bucks from the IRS, and we’ll split that extra dough in lieu of me giving you real child support.”
Friend does this, then realizes “holy shit I just totally lied on my taxes and could quite possibly get caught and penalized in some harsh way! How can I fix it so that I am no longer holding on to this money that the IRS gave me for a kid I claimed as a dependent that is not really my dependent at all?”
There are agencies that will do that without having to get a lawyer. Call around. He probably doesn’t have a wage to be garnished, they way it sounds, but they’ll toss him jail–which can help motivate him in the future.
Also, there’s no way he can “have anything on her” by doing this–his obligation to support his child is independent of whatever the mother does. (Now if it’s a custody dispute, 'that’s when to dig up the dirt, etc.)
not legal advice–not your friend’s attorney and not in your state
I think the poster meant that Dude would be able to threaten to turn in Friend for cheating on her taxes if she turned him in for not paying child support.
