camrockss♥
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You will get a letter in the mail saying someone else is claiming the dependents that you are. the letter will be detailed in what to do.
And what will happen is, if he has no proof of even being her father or paying child support, then he will have to pay back whatever taxes he gets back.
don't worry, you both will reap the benefit of claiming your dependent THIS year, but it will come back to bite him in the butt and he will have to pay that money back. |
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Tuesday
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The child would have to live with him a total of 6mths out of the year to file her as a dependent. YOU ARE NOT GOING TO OWE THE IRS ANYTHING. In fact you will more than likely be getting his refund for back child support but i would go were you filed your taxes and let them know whats going on. |
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Cha Cha
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IRS will do an audit, and sounds like from the facts you stated that you will be fine, one question though: Did he live and support the child for over 6 months during the tax season? |
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roritr2005
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Sounds to me like he is the one that will get dinged. He has no legal proof that he had your daughter or even helped on her birth so I would think the IRS would flag him, not you. However, if you are still concerned, contact the IRS yourself and advise them of the situation. GET THE NAME of the person you spoke to and write down the advise they gave you. Hope this helps!! |
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macherin77630
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my brother in law left his family and continued to claim the kids. The year his wife filed first SHE got in trouble with the IRS. If the kid lives with you and you pay the bills, go see the IRS.
To other people that answered:
- you don't advise 'go after him' you advise 'go get help'
- you don't say 'don't worry'. the lady asking will win in the end but if she does not worry and files a false claim (that is what it would be, since she knows her loving-X has already filed a claim) you tell her to 'go get help'. |
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Judy1
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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 - then if nobody does, they'll investigate 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. You have the right to claim her - his claim will be disallowed. |
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smancini3
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Nothing you need to do. If you and him get audited, you have the support to show that the deduction is yours. He is not legally allowed to take the deduction since the child does not live with him and he does not support him/her. If caught he would owe additional taxes, a penalty, plus interest. |
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Pam H
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Go after him. He shouldn't have claimed her. It is his problem. |
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Creme De Cocoa
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Don't even worry yourself, he'll be the one who has to payback the IRS. |
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femalenamedryan
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Report him to the IRS for fraud. My ex cleaimed our son one year and it was the same situation. He was not on the birth certificate paid no support never saw him...nothing. When I found out I called the IRS. Luckily it was before they sent him any money. But they disallowed the EIC he would have gotten and just gave him his regular return. If they already received both of your returns and have not yet issued any money then they should dissallow the child on both and investigate. If they already gave him money he will have to pay it back and may face jail time. You will get the money but it will take a little while longer. Good luck. |
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reneeeb
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As long as you are able to prove your daughter lived with you in 2007 you will be fine.
You could actually call the IRS and let them know he fraudulently claimed your daughter on his tax return.
I do not think you have anything to worry about.
My nephew lives with my Mother and this is the first year she claimed him on her taxes. Her accountant told her as long as there was proof he lived with her in 2007 she would be able to claim him. |
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luminosa
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If he is not on your child's B.C. then "legally" he is not the father. You are the one fully 100% responsible for your daughter. If after this, he wants a DNA done to prove he is the father, and you consent to the test, and the test shows 99.9% positive he is the father of your child, he can then claim his rights. But... if he fails to pay child support once he claims his rights, then you will still be able to claim her on your taxes. If it ever comes to this, be sure he pays support through the courts. Then he will have proof he paid and you will have proof if he did or didn't. If he fails ONE time not to make his child support payment, the courts will throw his sorry behind in jail. Then you will be right back where you started. For the length of time he is in jail, you will be able to claim on your taxes. |
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DS
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They will make you guys prove who she lived with. You can do that he can't so dont worry. The only bad part is its going to take a lot longer for you to get your return. But he will be the one getting in trouble not you. |
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Serena T
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If you're child is living with you. YOU have the right to claim her.
Anyways, and he's not on any of her legal documents, he's gonna owe money. |
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Celeste
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The IRS will send both you and your ex a notice that more than one person claimed the same child.
Since you can provide proof that you're the only one eligible to claim your daughter, your ex will have to pay back any monies he received for wrongly claiming her.
Don't worry you won't have to pay back anything.
**Paying child support does not give your ex automatic rights to claim your daughter. He should be doing that anyway. |
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Whoa
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It depends on who is has sole custody over her. If it is joint then usually you are supposed to switch having her as your dependent every year( last year you claimed her so this year he claims her) If you do get into trouble for it you will need to get a lawyer |
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queenbb012003
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Possible audit, pay the money back + penalties and sometimes convictions...depending on circumstances. If he did his IRS taxes thru a tax place they should have some blame if he did not furnish her social security card. Also if she lived with you at least 6 months then your fine, however did she live with him 6 months as well? If she did not stay with him then your completely in the clear and I hate it for him cuz he's gonna be screwed and sounds like he deserves it especially not paying child support...WHAT KIND OF MAN IS HE? Then to have nerve to claim her....? |
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Amanda H
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write to the IRS & explain the situation
since your child lives with you then you are entitled to the deduction & credit unless there is a court order giving the father permission to claim on his.
sometimes they will let you take the deduction every other year.
stay on top of it, they MAY consider it an "injured party" allowing you the $ then later having him pay the IRS back
you really should seek some sort of court order for child cupport, visitation, medical, etc... including how the tax is handled
good luck |
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tigercub1
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whoever claims first gets it. the second to claim will be denied. if you still want it then you will have to prove that you are the one who qualifies and he will owe irs.you will get it. he will get in trouble. |
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