i am remarried and my husband (who does support her) claimmed her on his return now what?
2006-12-10 07:00:35 · 16 answers · asked by Kasey D 2 in Family & Relationships ➔ Marriage & Divorce
Did your divorce decree give him the right to claim the child? If not, you need to notify the IRS that he is not the custodial parent and has paid no support. They will advise you from there.
Best Wishes,
Sue
2006-12-10 07:03:20 · answer #1 · answered by newbiegranny 5 · 1⤊ 0⤋
Nothing will happen unless the IRS confronts the situation. I;d not worry about it - because if you have proof that she lives with you, and your husband supports her, it is the father who will get in trouble!
To be able to legally claim a dependent on taxes, you have to have proof that you have provided at least 6 months of the years' support.
You can report the ex if you LIKE, but remember that you will also then be brought to the attention of the IRS. I say lay low, claim your kids, don't worry about it right now....and be sure that you have your proof saved for future need. If you are on a speaking basis with the father, let him know that you DO claim the child and plan to keep claiming the child, and that HE is breaking the law.
2006-12-10 07:06:41 · answer #2 · answered by Gater 2 · 0⤊ 0⤋
In order for her father to claim her he needs to provide proof of paying child suppport etc. or a written agreement that he is the one to claim her...
Your husband now should have proof that she lived with him and he payed for her upkeep for 6+ months of the year.. School enrollment with address etc will do...
Telephone the IRS and report the fraudulent claim... Ask them for an address to send your current husbands proof to and they will handle it...
***** As to the above poster ****
Child Support is support for the child and you can and are entited to receive it even after remarriage. remarriage does not mean the child(children) are any less the biological parents responsibility..... Spousal support is the one that can be ended upon remarriage unless otherwise stipulated in the support decrees...
*** As to another poster above***
You are quite correct his federal return can be ceased but also his state return... It is a bit tricky if you live in different states but it is quite possible...
2006-12-10 07:34:51 · answer #3 · answered by Diane (PFLAG) 7 · 0⤊ 0⤋
Report him to the IRS. My ex cannot claim them at all if he is behind on support, which he is. So the way my attorney explained it to me is that when he is current, we take turns every other year. When he is not current, not only do I get to claim them but they (Child Support Services in your state) will seize his federal return to pay the arrears for his CS. IRS will require him to pay it back.
Call your CS office and they can help you sort it out...this is exactly the kind of thing they are set up to do. And it's all free. It's slow, but it's free.
2006-12-10 07:18:20 · answer #4 · answered by TotallylovesTodd! 4 · 0⤊ 0⤋
Depending what the court order says. But if you are supposed to claim them, then claim them and the IRS will go after him.
Call the IRS and turn his @ss in. An thorough audit may force him to make a better decision next time.
2006-12-10 07:09:18 · answer #5 · answered by scott in minnesota 3 · 0⤊ 0⤋
thats common, they try and claim no matter what.
1) report him to the local IRS office, in writing, but in all honesty, they usually catch the double claiming and audit both of you.
2) if you dont report it, you can be held liable with penalties if let go on too long.
you need to call them (the irs-dept who sent you that letter). they will audit both of you. not to worry, they sit you both down (different appointments) and he better have proof he paid for her.... he's gonna owe those taxes, and now interest and penalties.
burden of proof is on him, but bring your expenses (you can always mail them what ever you dont bring with you).
hes in deep doodoo and doesnt even know it yet, just because he thought he was slick.
they go by who ever pays more then 50% of expenses, and that would be you and your hubby. so you get to claim her.
the honor system doesnt work.
http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm (new up and coming site to post on too)
http://www.divorcelawinfo.com/
http://www.divorcehq.com/deadbeat.html
http://www.acf.dhhs.gov/programs/cse/
http://www.supportkids.com/
http://www.angelfire.com/nj4/njcomputerchick
2006-12-13 04:59:26 · answer #6 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
Don't know the laws in your state,but Contact Child Support in your city or state.If she is under 18 or 21,i'm not sure which one.You may be able to get support for her by letting them take it out if his checks.
2006-12-10 07:08:15 · answer #7 · answered by Willnotlietoyou 5 · 0⤊ 0⤋
That's fraud and he needs to be reported--a person cant claim ANYONE if they are not the custodial person in their life--He is in the wrong --You have all the school records --Dr. records etc..they all state where she lives and so forth--its not anything that is not easily fixed so don't panic --Just ask the person that contacted you what proof they need as to where the child resides and then produce that information--But do ask them to also contact your Ex. and tell him he is in violation
2006-12-10 07:16:54 · answer #8 · answered by skizzle-d-wizzle 4 · 0⤊ 0⤋
report it to the IRS, the parent who has custody and where the child spends most of the year is the parent who has the right to claim her
2006-12-10 07:10:57 · answer #9 · answered by zether 6 · 1⤊ 0⤋
As long as all your information, such as insurance cards school records and doctor bills, are sent to your address and you pay for them, then you have no problem. the burden of proof is on him. Just send the IRS your documentation. I am a tax preparer.
2006-12-10 07:05:18 · answer #10 · answered by gypsygirl247 3 · 1⤊ 0⤋