Judy1
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You have the legal right to claim him, his dad doesn't unless there is a court order saying that he can, or if you have given him written permission which you obviously haven't. File the return by mail, claiming your son. His dad 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.
And yes you should file for child support - you owe that to your son. |
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char__c's.a.good.cooker
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He can't do that, it should be contested!!!! You should open a case immediately go to the IRS website and open a claim & call them now before to much time passes. The IRS would only catch the second filing if someone has already been claimed. If you had filed first then they would have caught him. First, I would call him right now, tell him what you are fixing to do & give him a chance to amend his, he could be fined and jailed for fraud if you take it that far or the IRS might take over and audit him. If he doesn't cooperate then DO IT!!!! You could use that couple thousand bucks as a single parent! He should be ashamed! |
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tabby90
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Yeah, if he's claiming he's handling the child's expenses, let him do it for real. |
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zaysea997
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If you look at the IRS website you will see that who ever has the most physical custody of the child claims the child. Just remember Federal Law comes before State Law. |
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Sheila
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You needed a custody/support sgreement thru court long before now, so then you would have court papers that state you get to claim him AND the IRS does not have a crystal ball to know that you should claim him, so saying they should know isn't true. Get an attorney so by 2008 filing you won't have to worry about it. |
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kcj
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I believe the question on the 1040 is "does this child receive more than half of their support from u"
U should. I would. People dont quite understand how hard it is to raise a child. Yeah thats nice that hes helping with spending time with the child, i mean its not really helping thats his JOB. Whats even worse is that he doesnt give u a dime to take care of the child. 1st of all the child is in school btwn 6-7 hours a day, 4 hours a day is playtime. I mean reading these comments is really disturbing. I mean someone has to work especially if he aint giving u anything for ur son. The fact that he claim the child with out even telling u is bogus. If u have proof go ahead and submit it to the irs so that u get what ur entitled to. I dont get these retarded as fathers that do little to nothing for their child and come income tax season they re ready to claim the child as if they had to take care of them for a majority of the childs life. Its not like he was the only one watching him as u stated above. Take care of the irs first and get ur eic or whatever ur entitled to and then TAKE HIS *** TO THE BANK!!! |
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!truth!
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You need to get a lawyer and start child support proceedings against your son's father. Meanwhile have the person who prepared your income tax look into what IRS is saying. |
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taxreff
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I'm afraid there was much emotion, but little practical advice, in the answers above.
The custodial parent (for tax purposes, the parent with whom the child lives most of the year) gets the exemption. Living with the parent is now defined as where he sleeps at night.
An exception would be if the custodial parent signs Form 8332 or there is a properly worded divorce decree giving the exemption to the non-custodial parent.
You would need to file a paper return claiming your child as a dependent. When it is processed, the IRS will contact both parties via the mail. They will determine who claims the dependent based on the responses to those letters. If the person who filed first is incorrect, he will have to repay the IRS.
Note that even if he does have to pay child support, it does not change the rules about the custodial parent claiming the child. |
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skibm80
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Hell yea, I would drain that bastard ex hubby of yours dry with child support. If that's how he wants to play the game! |
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DS
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Its not the irs job. You both claim him then you have to prove he really lives with you. As far as child support goes if you are working 60 hrs a week it sounds to me the child spends a lot of time with the father. How many hours everday is the child spending with the child. Does he spend money to support the child then. I wouldnt go for child support it the child is spending tons of time with the father and the father is supporting him too. But if no then YES I would. |
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Julia F
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File your tax return the old fashioned way - on paper through the US mail (certified with return receipt). The IRS gives the dependent exemption to the custodial parent. Your ex would receive a letter from the IRS, and the state too they share information, requesting that he file an Amended return. He WILL be charges interest and penalties. It's much better for you for the IRS to deal with him.
It takes a bit longer to get your refund, but it's worth it!
Don't let him get away with it. |
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caretaker
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This needs to be handled by a lawyer
who has custody
where does the child live
etc etc |
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