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mommy 2 be :) | The irs laws can she get in trouble? |
ok well my boyfriend is still legally married to his ex but they have been separated for almost 2 years my b/f filed his taxes last night and claimed his daughter because he had and still has her 95% of the time well his ex filled and claimed their daughter she only has her 2 days out of the month she did file first but she never has the daughter so can she get in trouble with the irs or should we drop it? please help |
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Aydens Mommy
|
no, she can not get introuble. unless they have a custody agreement that states that your bf will claim the child then no. she has every legal right to claim the child.
technically since there's no custody agreement they have JOINT custody.
the only way i can imagine she will get in trouble is if YOU can prove she does NOT provide over 50% living expense for the child.
it'll pry end up as he said she said stuff and be a waste of time.
your bf's return is going to come back rejected since the ex already claimed the child.
next year tell your bf to be quicker!!!! |
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v b
|
If the mom is the NON-custodial paent, then the only way she could legally file was if your boyfriend gave her a signed 8332. I sincerely doubt he did.
Tell the b/f to file by mail and let the IRS sort this out. It's not his problem if the mother sets herself up to be banned from collecting EIC. |
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chatsplas
|
B/F should FILE A PAPER RETURN WITH IRS. There is NO "we" here. IRS is used to competing claims for children. Send cover letter stating that B/f is custodial parent, that she is with him 95% of time, that her medical care and school is from his address. He cannot claim you as he is still married to EX and your cohabitation violates local law and policy. |
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One Step Ahead
 |
In order to file as head of household you have to list the person that are qualifying you for that status. Did the ex file as head of household? Two people can not claim the same person as a dependent. |
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Gatsbi007
 |
First poster is correct. Both parents (or just her if they don't question his claim) will get a packet in the mail requesting proof that the child was with them---school and medical records are most common documents requested.
Whoever cannot provide the proof loses. |
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Pick a fight 05
 |
Yes! |
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V R
|
She was not supposed to claimed her daughter, IF the IRS investigates both your bf and she, then explained and show proof that your bf has his daughter 95% of the time. And next year prepare your taxes immediately, as you know that the ex is sneaky. |
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hrblockrobyn
|
Believe it or not, this is really really common. I'm an Enrolled
Agent and I deal with these disputes on an almost daily
basis. Based on my experience, I really would hate to en-
courage you to drag the IRS into this issue. The reason I
make this comment is that, while the IRS tiebreaker rules are
in your boyfriend's favor and he would probably ultimately
prevail, to prove the issue is going to entail large quanities of
documentation.
Here is what I generally advise: if possible and relations
between the two parents are such that communication is
possible, I suggest the parents come to some agreement on
who claims the kids (some do every other year; some split
the kids if there is more than one; others will figure out which
parent benefits the most financially from claiming the child or
children, and then that parent claims and writes a check to the
other for half the benefit).
Getting the IRS involved is a very long and drawn-out process,
but in the case you describe, your boyfriend would win the tie-
breaker rule because he has the child for the longest period of
the year. The problem is proving it and that means gathering
lots of documents (school records, doctors records, church
records etc etc). |
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howcrazy
|
Well, from what I know this will just cause a hold up and she will have to amend her return becuase he should obviously be caliming her. Who filed first might be what it comes down to and her reutrn being wrong. If she gets audited they might see that she claimed her daughter and I think when you efile one of the questions is if they lived with you more than 50% of the year. If not it says you cannot claim them as a dependent. I know when my parents had a parenting plan done the judge signed something where my parents had to do where one claimed me one year and the other the next year and so on...but they had joint custody AND my dad ended up claiming me every year anyway since I was with him more...although even when I moved in with my mom my dad still claimed me...I got emancipated when I was 17 and my dad prolly tried to claim me that year too although my husband and i filed on our own. Rediculious...at least I filed first he didn't get audited so I think he got the credit for me. |
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firedraven
 |
First - is there a custody agreement in paper regarding this child that gives the ex the right to file every year, or every other year, etc etc. If there is any such agreement - or if he has allowed her to take the deduction before and not fought it, the ex could claim precedent and a verbal agreement that could result in a legal battle.
That said, if your boyfriend has more than 50% of her care and keeping then the exemption is his. What happens when two people claim the same child is that the IRS requests "proof" from both parties to prove that the exemption is theirs.
If she has already filed, and her tax return accepted (electronically I'm assuming?) then your BF will have to file a paper form. You will most likely receive a "rejection" letter from the IRS stating that someone else has claimed the same child and they have been removed from your return. You will then have to file a complaint with support of why you get to claim the child. They will then contact her and ask for her proof that she should get the exemption. After their ruling she would be responsible for not only whatever additional refund she received, but for fines and interest for the same.
Unfortunately, if this is your only child then the IRS "removing" the credit on your taxes could keep you from receiving a refund or possible make you "owe". You should file as soon as possible so you don't get close to the April 15th deadline.
Bottom line is even though you may be in the right, her filing first will require you to take the slower "paper" route and you'll have to fight for the exemption. But based on your information you will get the exemption - it will just be delayed |
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