Miss MeMe - ײיײי
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Claim her on your own income tax. If it ever comes into question, just be able to prove that you were the one who had physical custody, not your soon to be ex-wife. |
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bigyahbob696
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You need to claim her on YOUR forms. When it comes down to it, she is in the wrong and you are in the right because your daughter spends more than 50% of her time living with you.
There should be a court order or something already in place. That will back your claim up and negate hers. |
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moglie
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If your daughter was in your care for more than half the year, file and claim her as well. The irs will do a dependency test and find that your wife had not grounds to claim the child. (Assuming you can prove that you cared for your daughter more than half time.) |
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drock
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wow!! i am so sorry about this! i know yuo want answers to this!! but just so you know...my inlaws are doing the same type of thing!! people have been telling me to report them to irs. but i cant get my self to do it!! i mean if you have her 80 % of the time she is wrongfully claiming your child i believe.... |
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E.A. Boyd
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Do you have any documentation of support for your daughter. If you do you should simply be filing on your tax return and let your wife get into crap with tax fraud.
If you have school records showing her address as the same as yours they count as evidence. |
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LeAnnderthal
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this happened to my husband and it was sort of a big deal. you need to claim your daughter. then you will get a letter from the IRS disputing it becasue of the SSN. they set you a court date. then you lay out your case. CLAIM HER. the wife cant just do that and get away with it. you have definite recourse. |
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meagain56
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Do not agree to let her claim the child if she is not suppose to be the one claiming her. It could come back and hurt you when in your custody case and with IRS for allowing someone to claim your qualifying child. If the parents split during the year the custodial parent is the one the child lived with the longest the rest of the year.
The parent that the child lived with for more than half of the year is the custodial parent and claims the child.
If she lived with both parents the same amount of time and the parents cannot agree who will claim the child and both claim the child the IRS will use the tie breaker rule and th parent with the higher AGI can claim her. |
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SXYMAMA
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I was worried of the same thing, I have 100% custody of my son and his father was going to claim him, and probably still will. Dont worry about it, still file and they will both give you the money, later they will see they gave both of you the money then they will find out who owes them money....have documents, witnesses that you spent 51% of your daughters costs. You need to look for old reciepts, and future receipts for when they do want to know. If you know you are the custodial parent right now and you spend the majority of her exspensives then it will all work out. Because I doubt your wife has proof you need to save your *** right now, and she thought if she beat you to it then she would win this battle. Show her it wont work. |
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Lisa
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If you can prove that you have your daughter with you for more than 6 months a year than claim her on your taxes. Then report what your wife did to your lawyer and he will report it to the presiding judge and that will not look good for her it will have no bearing on you. You have no reason to tell your wife that you are claiming your daughter but when she offers you the money tell her that you don't want it and that she needs to amend her return (if she doesn't want to do it now) and leave it at that.
The law is a minimum of 6 or more months in your home. She had no right to do what she did and she is beginning this difficult journey through the courts and with the government with breaking the law.
She did a very bad thing! |
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beez
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Just explain it all to the judge. I would say if your story is true she will be in trouble. |
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Judy1
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If you can prove that she's with you over half the time, then you have the right to claim her, her mom doesn't. Go ahead and claim her. You'll have to mail in your return, an efile will reject because your daughter has already been claimed.
She 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 she got by making the claim she wasn't entitled to, with interest and possible penalties. |
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Darlene C D
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let me ask you something can you prove you had your daughter all the times you say you have. and how old is your daughter the reason I am asking you this because if your daughter is old enough she could take the stand for you and tell them you are the main one that takes care of her. see you don't want it to come out ugly! theres a little child there and you want to keep her safe her little mind will never be able to for get what happens between her daddy and her mommy. so all you can do is tell the truth ! and nothing but the truth. the good Lord will take you though it.
good luck just know by being honest, will not make you look like your lieing only if you lie will you look like a lier!. |
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JM
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speak to your divorce attorney and a tax accountant for advice. |
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Sweets
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You should do a paper file on your daughter. My ex husband did this to me although I have my son all the time and have full custody. I tried to file my taxes and then got a phone call from my tax preparer that he had already filed. I then had to do a paper file and just play the waiting game. It will come down to whoever can prove who has custody. If you win, she will have to repay back all that money.
Good Luck |
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~mobabe~
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I would probably claim her as well since most of the support comes from you, just act like you didn't know she did. Her word against yours and you have the proof of care.
Ask you tax person or call your lawyer. |
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leonard s
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all you have to prove for claiming the dependent is to provide more than half of there total support. that includes food,medical expenses,clothes,board, and such. noenaly the parent with custody takes the child. and since she already claim her your done for this year.You must have it in writing from the ex next year to claim her for next year |
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darkridr
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The first thing to do: Let your attorney know in detail what happened and allow him/her to construct your defense. Remember, just because she claimed her doesn't mean she had the right to. All her claiming her meant is that she beat you in the e-filing race. At this point you need to record the transaction and allow the attorneys to include it in the split.
You can always put that portion into a trust fund for her once the settlement is completed, but for now at least, just let it go until all the loose ends are tied up, then go from there based on its outcome. |
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