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Additional Details
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Krystal R | Can my ex husban claim my child on taxes with out telling me? |
my ex husbandd claim my child on his taxes after we got divorce when i have 85% by the court but i spend 100% with my children he never spend the 15% that he has, i well like to know if he can claim her on his taxes and how can i find out if he claims her? |
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Steve
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Usually it is spelled out...who takes the deduction(s) in the divorce decree.
Like.... the mother on the even years and the father on the odd years.
Go back to the divorce papers to see if it was addressed or not. If you are to get the deduction and filed for it....don't worry... UNLESS, they question you and then you can show the divorce papers (saying you have the deduction)... and THEN they will go after him. The issue is between him and the IRS... you have nothing to do with it...you are divorced.
I would think... that an IRS computer would easily turn up two people filing for a deduction on the same social security number for that one child. So they will eventually catch it and can go back 7 years.
There is an IRS fraud phone number you can call to alert them...BUT, better have all YOUR records in hand and ready to prove everything with receipts, checks etc. etc. ...because, they will go over all of your stuff and nothing you say will make a difference...you will have to prove everything! You might shoot yourself in the foot...you might end up with some legal fees too.
I would think... close reading of the divorce papers will clue you in. |
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Judy1
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If the child lives with you, and there is no court order saying that he can claim her, then you are the one who can claim her and he can't unless you give him written permission and agree not to claim her yourself. If you both claim her, you'll both get a letter from the IRS telling you that she has been claimed twice and that one of you needs to drop the claim and pay back anything you got from claiming her. |
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jere_hodges
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Your divorce decree should have spelled out who gets to claim your child for taxes. By law, unless specified in the divorce document, the primary custodial parent is entitled to claim the dependent child, but the non-custodial parent can "beat you to the punch" by filing first. He's supposed to include a waiver form signed by you if he does. If he fails to do that, he's committed income tax fraud. But it's hard to prosecute small-time cases because of the amount of time to investigate compared to the amount of money they're likely to get out of him.
If it's not in the divorce decree, go back to court and get a ruling.
Bottom line - file as quickly as you can - no point letting the IRS keep your money interest-free any longer than you have to, right?
Good luck. |
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ninasgramma
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Without any court papers or waivers, the parent with whom the child spent the greater period of time can claim the child.
The amount of child support paid has no bearing on who claims the child.
If there are court papers granting one parent the dependency exemption, that usually stands up if the IRS investigates.
If you qualify to claim your child, but you believe another person may try to claim the child, file electronically as early as possible claiming your child(ren).
The IRS will not tell you who claimed your children. |
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sweetness
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he can claim her on his taxes but if he isnt supose to he will have to pay it back. call the irs an ask tell them the situation or ur local tax place that you go to . i would call then first if you want to know anything. |
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travelguruette
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He may have claimed the kids doesnt mean he qualifies to. You should do your taxes like you are supposed to. If he files first and claims the kids then you cannot efile as it will be rejected. Mail in your return. The IRS will see both of you claiming the same ss# for your kids and will investigate. Your ex will then have to pay back the money, penalties, interest, and maybe even be charged with fraud. |
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Hilary
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Can he? Yes. Should he? Probably not. |
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godsdarkwarrior2000
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I just went through this myself.
Just fill out your tax forms, claiming the child as a dependent, as you normally would. If the father claims the child also, the IRS will pull both returns that have the child as a dependent, and figure out who is right. The person who claimed the child, and shouldn't have done so, will owe the excess money on their return back to the IRS. They will also be almost guaranteed to be audited for the next 7 years.
Just be sure to have a copy of the court order, showing what parent has "primary Physical Custody" of the child. Also, keep a log or diary of every time the father visits the child, or if he gives a gift to the child. Good record keeping will be your best weapon in any battle further down the line. |
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Jss
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No, your ex can not claim the child unless there is a court order.
Only the custodial parent can claim the child. Non custodial parent can claim only when custodial parent allows non-custodial parent to claim the child or there is a court order.
Read: http://taxipay.blogspot.com/2008/03/child-of-separated-or-divorced-parents.html
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JL3
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It won't be the first time that's happened. |
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mama mia
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call the irs and tell them that the father is not paying child support and not giving her any money from the tax refund and that you want him to never report the child it worked for me |
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alex
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how can i find out whos claiming my kids besides the mother |
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Sick
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U know it really pisses me of wen family members come around taxex time trynna claime ur kids but all year long dnt even bother with them... Or tha fact tha their dad pays child support but hasnt spend more than 40hrs durin tha whole year but now wants to claim all type of stuff during tax time wtf is tha about???? Their should b some kind of penalty for plp like tha! |
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