 "CAUTION" Question may be disturbing? |
Did you know that there is no law that is
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 If my child was born on jan 1st at 12:45am 2009 can i still get the tax credit for 2008? |
Additional Details
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xanthiluvz | What do I do, I supported my kids ALL year and their other parent claimed them on her taxes- mine rejected? |
My ex-husband claimed his two kids on his taxes this year and the return was rejected because their biological mom claimed them first. The thing is she hasn't given even a dollar in the past 9 years to even help support them? What can we do to get the return back and what is the fastest way to do it?
Additional Details
The kids have lived him for the last 9 years and she barely sees them. What proof do we need to send? School registration? I am just trying to help him and I cant beleive she did this... Will she have pay the money back to the IRS and will there be any penalties? |
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Brian J
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The other ideas are good:
1. Court custody order.
2. Signed waiver.
3. Paper return, send it in, with proof.
(And, as another person stated, this may not move as quickly as you're expecting.)
Here's what your ex- husband will need to do. (We went through this a while back.)
He needs to attach a letter to a paper tax return (that he mails in) describing why he should be able to claim the children. (No emotional reasons like she's a jerk, or doesn't pay a dollar, or doesn't support them. The IRS doesn't care about that. The IRS wants un-emotional, factual reasons to support his claim.)
What they're looking for is how he can demonstrate that he satisfies all 5 tests for the children to be his qualifying children. The five tests are:
- Relationship,
- Age,
- Residency,
- Support, and
- Special test for qualifying child of more than one person.
See this IRS web site for a description of the evidence that he needs to provide for a "Qualifying Child": http://www.irs.gov/publications/p17/ch03.html#publink100032193
Attach that information to his return. The IRS will review it, request similar information from the other parent, and make a decision.
When we went through this a while back, the IRS accepted our explanation and then, withheld the ex's refund the next year. |
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SG
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It is not based on who files first.
You will have to print out the return, sign it, and mail it in. Claim the kids if you feel you should be able to.
The IRS will contact both of you by mail to clear it up.
Unfortunately, "fast" is probably not a word that will describe how long it takes to get your refund.
< edit >
I just re-read your question. Now I'm not really sure who these kids belong to.
< additional info >
Whose kids are they? You've mentioned a husband, a biological mother, and yourself. Are you talking about your ex-husband's return? Or yours?
You don't send any proof. File the return. The IRS will ask you for the information they want. |
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Judy1
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Unless there's a valid court order saying otherwise, or he voluntarily signed the exemptions over to her (and this doesn't sound likely) if the kids lived with him for over half the year, he is the one with the right to claim them. He should his return by mail claiming them. The IRS will tell him what he needs to prove they lived with him. Things like school and doctor records will be a good start.
And yes she'll have to pay back anything she got from claiming them illegally, plus interest and possible penalties. |
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bostonianinmo
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Whom do the children live with the most during the year? That's the parent with the right to claim the children, absent a carefully worded decree to the contrary.
If you are the custodial parent and your ex claimed them you must file your return by mail. The IRS will then investigate the matter and award the exemptions according to the law and the evidence provided by both parties.
There's no way to expedite the process, it typically runs a couple of months to sort it out and get your refund to you.
Edit: You don't send anything with your return! You wait for the IRS to contact you. You'll need to prove that the children lived with you for the greater portion of the year. School records, medical records, sworn statements from neighbors or disinterested 3rd parties with actual knowledge of where the children lived, etc. can all help. |
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Esmerelda
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If you can prove they are dependents (the court custody order) you should be able to contest this with the IRS. If there isn't anything official, you may have trouble getting this fixed. |
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ninasgramma
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Since you are not a parent of the children nor the spouse of the parent, you would not be able to get any tax benefit from the children.
Unless there is a court document or signed waiver, the parent with whom the children lived the longer amount of time can claim the children as dependents. Support from the custodial parent is not a consideration.
If the father is qualified to claim the children, he should mail in his return with documentation establishing that he can claim the children. The IRS will determine who can claim the children.
There is no way to expedite this. He should file ASAP and it will take several weeks. |
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Rachie Lou
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I'm not sure what country you are in but in England only the legal guardian can claim for any taxes or child income support. |
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Jennifer E
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Well, for one...Is there a document stating who can claim them?
I'm thinking that you may want to go through the court system to get such a document, if nothing exists now, of who can claim them as dependents on the tax returns. Also, it may be stated in the divorce decree.
I'm no tax expert. But I think it is who ever claims them first if nothing exists....
You can always call the IRS directly:
1-800-829-1040
Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).
I hope this helps! |
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