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My ex and I both claimed our child on taxes?

My ex claimed our child as a dependent on his taxes though I have custody and did not give him permission?

  • I live in FL and we are seperated, but not divorced. I have two children and have custody of both. He claimed one without my knowledge or permission. What forms do I need to fill out?

  • Answer:

    Go ahead and filed your returns, and when the time comes IRS will send you a letter stating that your X has filed his returned with your child as his dependent. You will have proof from your divorce creed or your seperation creed that stated that your two children is claimed by you only. And send in that paperwork to IRS, and IRS will go after your X on the Tax that he owed to IRS. Next time, make sure you filed yours return earlier then your X, that way, in the future, it will falls on him to proofed to IRS that he has the right to claim your two children. Which in his case, he doesn't even has a CASE in filing your children as his dependent. Good luck!

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Call the IRS, they will tell you what to do. He needs to file an ammended return if you are supposed to be able to claim your children.

Nelson_DeVon

If he no longer lives in the home and has not been for over half the year I don't believe he can legally claim them as a dependent. I would visit your local federal building and speak with someone there in the department where you pick up tax forms.

Dude

If he provided more than half of their support, he can claim them.

Han Solo

You need to File a paper return and mail it in. You will both get notified that your daughters SSN was used twice, and you will be requested to submit proof that you were entitled to claim him on your return. Respond to this notice immediately. The IRS will determine who was qualified to claim her. If any refund was issued to the party who was deemed unqualified , they will owe the overpayment plus interest and penalties For more information call the Internal Revenue Service at 1-800-829-1040

Rob

Ultimately, it falls on support. Because the two of you are still married you have a problem unless you filed a joint return. IRS and the courts will favor you, because you have custody, but you need to prove that you provide more than 50% support. That is the key. Custody is sometimes not good enough. If you are still depending on his income to support your child, he may win in a nasty court battle if he can prove his income provides more than half your child's support.

pusherhombre

Internal Revenue Service at 1-800-829-1040 call and report. Unless he has judge decree in court order- he cannot claim. You can file and claim both -there are forms for that-an override. H/R block is cheap. He can get in trouble for income tax fraud.

cork

You should go ahead and file your return, claiming both children. You'll have to mail it - an efile will reject if he alrady filed claiming the same child as you will be. The IRS will then ask each of you to prove that you are entitled to claim the child. The one who isn't eligible (your ex) will then have to pay back whatever he saved by claiming the child when he wasn't allowed to.

Judy

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