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Mwah | Being audited becuz of stupid ex? |
Ok me and my ex have not been together for 3 wonderful years. As all of you know its tax season... Well to make a long story short we never married and we didnt have an agreement on who gets to claim. My boys have been with me the whole time we have been apart. He comes and goes as he pleases, he finally appeared after 2 years and now expects to claim the boys on his taxes. I did my taxes at the end of January but becuz I paid my sister to watch my boys in 2007 we couldnt file until the 11th. When I tried e-filing it, it told me someone already claimed them. Now I'm gonna be audited and its BS. Does anyone know anything about this? I mean we were never married, we never had an agreement and I have been claiming the boys for 2 years now. He doesnt work but he gets indian money and that is his only income becuz he is 2 lazy 2 work. I need some advice, PLEASE HELP ME!!! |
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chatsplas
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File with the IRS, and you should win, as you were the custodial parent. He won the first battle, but you should win the war. Respond to the audit letter, with a letter explaining the above (a little more formally), plus copies of school enrollments, anything showing the kids live with you.
Also keep good records of ANY child support he pays you for the kids. Just mark it on your calendar. You show you provided more than half the cost of providing a home for you and the children, that the children are in your custody, that there is no court order, and that you didn't give him an 8332, and you should get your refund.
It happens all the time, and the IRS knows this. So just get your stuff together and give it to the IRS and you should be fine. It's a hassle, sure, but the IRS is good on this. AND, the bright side is the IRS is going to be on his case from now until he repays the money he got.
Without earned income, he shouldn't have received any EIC, anyway. |
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just me
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If the children lived longer with you during the tax year than him you are the one able to claim them. If they lived the same amount of time with both of you then the parent with the higher AGI gets to claim them.
How much either of you paid for support does not matter as the rule for a qualifying child is that they did not provide over half of their OWN support.
You are not being audited - you will just have to fill out a worksheet showing proof the boys lived with you. It could be something like school records, medical records, affidavits from third parties, letters on offical letterhead. |
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Judy1
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Relax. You can't efile if he already claimed them, but you can file by mail. He and you will each receive a letter from the IRS telling you that two people claimed the same person, and saying that whoever didn't have the right to the claim needs to file an amended return dropping the claim - that's not an audit. If nobody amends their return, the IRS will ask for additional info proving who the boys lived with, and decide who gets the exemption. The other person will have to pay back whatever he got by making the claim he wasn't entitles to, with interest and possible penalties. Since the boys live with you, he will be the one to lose and have to pay back what he got.
Good luck to you. |
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xoxo
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As long as you have proof the boys were living with you, you should be ok. Like them being enrolled in school, medical bills etc. any expenses paid by you. In the end any money that he gets from claiming the kids he will have to pay back. |
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amnesty sucks
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You don't have a problem - HE DOES! He filed a false return and that is illegal.
File your return WITH the boys (do it yourself, it's not that tough with software). When the IRS contacts you, just explain to the IRS what happened and show your proof that you supported them.
THEY WILL NAIL HIM BIG TIME! |
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Classy Granny
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Your problem is similar to one I had several years back. I had left my husband taking my daughter with me. He never paid a dime in support, but come tax time he not only claimed our daughter, he claimed me! When I went to the audit, I was able to prove that I was sole support of myself and my daughter. He had to pay back every dime. I don't think it's going to matter if you were married or not. Even if he does pay support it has to be over 50% of the childls expenses |
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mikel0626
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Unfortunately, you will have to file a paper return through snail mail.
The IRS will again note that your children were already claimed and they will request additional information from you and from your ex.
It will be a lengthy process, but you will get to claim them after you provide the IRS with sufficient evidence that you provide more than 50% of the support for your children and that they live with you more than 50% of the time.
Once the IRS allows you to claim the children, they will deny your ex's return and adjust his taxes and send him a notice of assessment (plus penalty and interest if it is after April 15th). That will be your revenge!
Also, it may not hurt to contact the IRS to find out if you need to do anything else. 1-800-829-1040. |
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GG
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well you dont want your ex in handcuffs but being auditted sucks. so your only option is to either contact the irs and explain and show proof (leases, receipts, school addresses, babysitting fees, etc.) that the kids were with you and have him auditted or just chalk it up and deal with it. |
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Ooh, Ooh pick me
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You can only claim an exemption if you have provided for the support of the person(s).
Sounds like you have had custody of them for the year and that will count heavly in your favor. Question:
Did he pay you any child support? And did you claim the child support as income?
In theory, you should claim the "child support" as income and claim the children as deductions. Your Ex would be able to deduct the child support payments but would not be able to claim the children as deductions.
Even if there is no formal agreement that your ex was to give you child support, if he did give you anything (especially if he has a receipt or cancled check) that you claim it as income. It will support your case.
You shouldn't need a lawyer or a tax accountant, you will need to show that the children lived with you and that you paid over 50% of their living expenses. This would include rent, food , clothes etc. |
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