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all_my_armour_fallin... | What can I expect since my ex-boyfriend wrongfully claimed our daughter? |
I tried to efile last night and my return was rejected because my ex boyfriend claimed our daughter. I have the right to claim her because she lived with me every day last year, and with him only until August. We both work for his parents so they gave him his W-2 well before me, AND went into my file and gave him my daughter's SSN because she was under my insurance policy. I sent in my paper return and explained why I was claiming her too. Does anyone know how long it will take to get my refund and how much hassle it's going to be?
Additional Details
She lived with me for 12 months, him for 8....in other words we all lived together until August and then my daughter and I moved out. |
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Judy1
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It'll probably take a month or more for the IRS to sort it out. They'll ask you each to show proof that you were the one with the right to claim her. His claim will be disallowed and he'll have to pay back whatever he got from claiming her, plus interest and possible penalties. You'll get your refund, although it will be delayed. |
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stackedxactor
 |
put in a dispute with the irs and they'll get him
oh btw...claim her if you're able to. when the irs looks at the dispute, and notices that two people claimed her, they'll do the investigation and if your daughter has in fact been living with you, he will have to pay back the money they gave back plus interest and their might possibly be jail time. |
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ĶΪŦŤŸ-ⓀÀț
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report his ***... thats tax fraud... |
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starrfyrre
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I don't understand what you mean by she lived with you every day last year and with him only until August. If she lived with him (and I assume you did too) for 8 months, he might have a right to claim her. |
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Chris C
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which is it, you had her the entire year or only 4 months? the way you have that makes me think that he had her from January to August and you had her from August to December. I would think that the person who had the kid living with them the longest would get to claim the child on their taxes. |
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Othniel
 |
Send your return to the IRS by mail with supporting documentation claiming your daughter. The IRS will apply what is called "tie breaker" rules that determine who should be able to claim the exemption. You can call the IRS and ask what kind of documentation they require in your situation.
It will take at least 4 to 6 weeks, but it should put the issue to rest forever. The IRS will determine who can claim the girl and if you win you will get a refund if you had income. The boyfriend will have to pay back any money he received from the IRS with interest and even penalties.
Is he the father of the child? If he is did he earn more income than you did? Who did the child live with the longest?
Your additional comments would lead me to believe you both have equal claim to the child. It may be that if he earned more money than you did that he will win the tie breaker especially if he lived with you more than six months. |
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dumbdumb
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you stated she lived with him till august. well she only has to live with him for 6 months for him to claim her as a dependent. and you should have papers for next year to clarify who will claim her. it does make things alot easier. (just tring to help u for next year) |
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mgorman552
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what can you expect...a whole bunch of crap..... |
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~*First baby Girl*Due in May*~
 |
i was under the impression that who ever has provided 50% or MORE support for the child for at least 6 months out of the year get to claim her.. if it was any less for any less time.. then that person cannot claim her. but if her father was providing for her equally than its either one or the other....
it asks that when you file your taxes.. even when u get them done by a professional.. or what ever.. they also ask u that too.... not just who the child lived with...
who provided more for her... financially most of the year. |
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Joe M
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Like the guy above me said - dispute it and have his aÅŸÅŸ audited. |
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Graydog
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Sad you are in this situation. Try not to have anymore kids until you are in a really stable realationship maybe even married? Taxes and life are much easier then.. |
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