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Additional Details
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smokin_ricky | Can my wife's ex-husband claim thier child who lives with us? |
My wife's ex husband has claimed their daughter. My wife does not work and I do. We are going to file married jointly but he has already claimed their daughter. This upsets me because he is doing it to pay off back child support. The daughter lives with us and I pay ALL the bills but was given no say in the decision. Is this legal or should I have had to sign something along with my wife? No papers or forms were signed at all. |
 |
 
Rob
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File a paper return
When 2 people claim the same child on a tax return, It raises a flag with the IRS. They will first send a letter advising that the same SSN was used twice and advise that the person who was not entitled to claim the child needs to file an amended return. Then if no one corrects the return the IRS will request from both parties to submit proof of entitlement to claim the child. The IRS will then make a detemination on who is entitled to claim the child and it the person who is seen as the one NOT allowed to claim the child will owe back any refund they received in reference to the child along with penalties and interest and their Tax return will be flagged for review for up to the next 10 years
For more clarification call the Internal Revenue Service at
1-800-829-1040 |
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Judy1
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Unless there's something in court papers like in a divorce decree or support order, or your wife gave him permission in writing to claim her, then no he isn't allowed to since the child lives with you, not with him.
If he has court permission or written permission from your wife, then there's nothing you can do to prevent him from claiming her. No, you wouldn't have had to sign something - she's your wife's daughter, so she's the only one who could give permission other than a judge.
But if he DOESN'T have permission and just claimed her anyway, then go ahead and file your joint return with your wife claiming her daughter. You'll have to mail in your return - an efile will be rejected if he's already filed claiming her. The IRS will notify both of you that someone else claimed the same dependent, and ask for proof that you are the one who's allowed to. As long as he doesn't have anything written to prove that he IS allowed to, his claim will be disallowed, he'll have to pay back whatever extra taxes are due, and you'll get your refund if you have one coming.
Hey, if he was a nice guy, your wife wouldn't have split with him and married you, right? ;-}
Good luck. |
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Shannon L
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You need to read the divorce decree from your wife's divorce. There should be a statement in the decree declaring who claims any children for tax purposes. If the decree says he claims the child, then you can't do much about it. You and your wife could ask him to sign over the child so that you can claim her but you will need to see a judge to decide on the case. If your wife is stated to claim the child on the decree then you can claim her and the IRS will find out and the ex will have to pay consequences. Bottom line, read the decree and go by it. If you don't like what it says, get a lawyer and try to change it. Best of luck. |
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T H
 |
Rob (above) is pretty much correct. There can be clauses in divorce decrees; however, that state the non-custodial parent can claim the child in even numbered years, or something similar to that. I would first make sure there was no such agreement.
Second of all, if the back child support is owed to your wife, the IRS will forward that money to her. If there is going to be a dispute over the claim of the child, hold on to the money & don't spend it. You will have to send it back.
I have seen this type of arrangement made between divorced/separated parents as a means of paying off back support. It can yield more cash to the custodial parent than they would normally be receiving from their return; and it pays the debt of the non-custodial faster. It can create a win/win situation for both parties. This may not be your situation, but it is something to think about. |
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GP
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Well, I personally went through this one. The person that has SOLE custody claims the child. If JOINT custody, it must be written in the divorce decree. |
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bay bay
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i would have that checked out. she lives with ya'll. they might could get him for fraud.that child i think has to live with him in order to claim her. but she do not stay with him she stay with ya'll. check in to it. good luck.................... |
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MagicGee24
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You can express your feelings with the ex- what me and my ex do is switch every year when claming the child it is not fair to the both of you because u will take a loss every year! And if the ex does no want to be fair about it go to court or the IRS! |
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shannonlee05@sbcglobal.net
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no that is SOOOO illegal! id turn him in! what a jerk! thats alot of return! for a child! |
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