The problem is this... My child's father has wrongfully claimed my child on his taxes two years in a row. So, since his taxes were processed faster than mine, my return was amended. I then received a letter from taxation and finance saying that more than one person claimed my child's number. Him and I never agreed on him ever claiming my child on his taxes and he knows that he was not supposed to. I spoke to someone at taxation and finance, and no one knows if I can sue him for the $5,000 I was supposed to receive. Please help me...
2006-11-27 12:28:39 · 9 answers · asked by shaylolo51 1 in Politics & Government ➔ Law & Ethics
We were never married, and I barely get child support. He does not contribute to even a fourth of my child's expenses.
2006-11-27 13:09:16 · update #1
If it isn't in your divorce decree you are out of luck.
Coach
2006-11-27 12:36:08 · answer #1 · answered by Thanks for the Yahoo Jacket 7 · 0⤊ 2⤋
If you have custody of your child and have all your child's records to prove he/she has been living with you for the past to years .... You are the one with the right to claim them.....Now he has received the same letter you have
It is up to you to prove that you have provide the care for the child not him (Dr...school...records will provide this information)
IRS will ask for proof of where the child lived who is responsible .... If you have this kind of records he will be in big trouble with IRS have to pay back for the two years he claimed plus interest and penalties
I learned this from the IRS and Social Security dept. due to a similar situation with my ex thinking he could claim my child because he paid child support I do not receive
2006-11-27 20:53:10 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It depends on several things. Does he pay child support? If you were married it should have spelled this out in the divorce settlement. You should be able to sue if he isn't supporting the child. I would suggest you see an attorney and make sure he/she comes recommended.
2006-11-27 20:57:14 · answer #3 · answered by rhymingron 6 · 0⤊ 0⤋
You have to go to family court to determine who has the right to claim the child on their taxes first. Based upon what the family court rules you may be able to take the father to court again for back taxes, but family court is your first stop to determine who can claim him.
2006-11-27 20:36:48 · answer #4 · answered by AirDevil 4 · 0⤊ 1⤋
I'd talk to attorney. I'm thinking you can go to small claims court. Of course, if he's paying more than half of the child's support, it might make a difference.
2006-11-27 20:35:36 · answer #5 · answered by GRANNY12GR1 4 · 0⤊ 1⤋
it would be better to get an arbitrator since suing would be costly, but yes, you can sue him and you do have a case. it would probably be small claims though so you might not need a lawyer.
ask a lawyer first though, you do not need to hire lawyers for legal advice!
2006-11-27 20:33:56 · answer #6 · answered by deadly_donkey 3 · 0⤊ 0⤋
in other words: he commited an act of fraud and made false statements on his tax papers, (2 federal crimes) i think you can convince him to hand over the money or have the judge convince him, either way if you push the issue he'll have no choice
2006-11-27 21:35:06 · answer #7 · answered by sikn_shadow_420 3 · 0⤊ 0⤋
That's kind of complicated. It sounds like he owes you something, but I'd ask a lawyer first.
2006-11-27 20:33:07 · answer #8 · answered by pctorab 4 · 0⤊ 0⤋
Report it to the IRS. They will investigate.
2006-11-27 21:13:29 · answer #9 · answered by gablueliner 3 · 0⤊ 1⤋