Mona
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Call 1 800 829 1040 and let them know you have custody NOT him. Unless you guys have an agreement as to who claims the children and when - ONLY - the custodial parent can claim them as dependents... (even if the father is paying child support)
If both of you claimed the children in your taxes then it will be a matter of time before the IRS audits both of you--- Don't worry as long as you have proof the children are under your care not his you will NOT have to pay them back. |
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wish I were
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No you can't do that. If you have custody or the right to claim him, go ahead and let the IRS work it out with your ex.! |
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SPIFIMAN1
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The first poster is correct. You will have to contact the I.R.S. to stop your ex from claiming your Son on his taxes.
Only the parent who has custody can claim a child as a dependent. It makes no difference if they are paying child support or alimony. |
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§§pecial Unicorn
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In agreement with all of the statements above...except, when it comes time to do your taxes, your accountant will go by the law and not by what the divorce agreement says. My ex sister-in-law is dealing with this because of my husband's brother. They have two sons and each agreed in the divorce agreement to claim one on the tax returns. Because he is angry with her right now, this year, he claimed both and legally can because the one she claimed moved in with him this year. It sucks....but is the way it is. She can do nothing. |
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r2mm
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Were you married to the boy's father? If so, the divorce decree will determine who gets to claim the child as a dependent. If you where never married, then it depends on who the child lived with longer and who provided more support during the calendar year. The IRS has rules for breaking the tie: www.irs.gov |
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amysgetaways
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It depends. You need to check your documents. If you have separated and have full custody of him you should be able to claim him on your taxes. Look for any clauses that says that the father has the rights to claim him as a dependent on taxes. If there is no clause and you have full custody, send certified copies to the IRS and then amend your tax forms to show your son as your dependent- you deserve the refund check. yes I know that it sounds mean, but its better to get your refund for him and let the father deal with the IRS. You shouldn't have to fight with the IRS to get what is yours. |
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Tazooby
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Contact one of the three credit bureaus (Equifax, Trans Union or Experian) and ask them to place a fraud alert on your son's credit report. It will prevent anyone from opening an account in his name for 90 days. The banks will contact the you before approving anything and ask to have the information on the report validated to prove that the applicant is really the one requesting the inquiry. There is no need to contact all three. The one will forward the request to the others. |
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DR DEAL
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Internal Revenue Service, these are the people you want to put on to your ex. I feel sorry for the poor sucker. |
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sirmrmagic
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If the father has the child 50% of the time and is paying child support than he can claim the child for tax purposes and so can you, you have to get a lawyer to stop him from claiming him so you can.This should be spelled out in your divorce decree if you have one. |
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vinster82
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If he's supporting him he doesn't need your permission to claim him. |
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Elana
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If the father is paying alimony, he can certainly
put the name (and social) on the tax return.
How is it hurting YOU? |
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