I have full custidy of our daughter, he pays child support & health insurance for her. He wants to claim her on his taxes this year. The divorce decree states that I will claim her. I tried telling him that in order to be able to claim her she had to live with him over 50% of the year, he hasn't even kept her over night but maybe 6 times this whole year. So I am going to claim her, but what will happen if he also tries to claim her?
2006-12-10 12:44:36 · 12 answers · asked by hollywood 2 in Politics & Government ➔ Law & Ethics
I work for a tax resolution service. As long as you claim her first then his return will be rejected, and he will have to file again, they will let him know that your daughter is already being claimed. In the event the he files first and his return is accepted, then you need to protest and and prove the you have full custody. as long a you have the court order then you should be fine. Then thy will send his back and you can refile calming her again. The problem is that you two should work it out before you file, or else you will have to go through it twice. I don't know if you go somewhere and file or do it your self, but if you go some where then it just going to end up costing you twice.
2006-12-10 12:56:45 · answer #1 · answered by princessaris80 4 · 0⤊ 0⤋
usually the IRS will side with the mother when claiming children, espeically if it is in the divorce decree. I would file your taxes and claim your daughter. If there is a problem, IRS will send you a notice in the mail about claiming that specific dependent. At that time, inform the IRS of your ex's wrongdoings and provide the dept with a copy of the divore decree which specifically states that you and you only are allowed to laim your child.
It is very hard for men to claim a child if they are filing single or head of household. 100% of the time, they will be audited. If this happens, he will have to pay back any dedutions or earned income credit the child orginally gave to him.
In summary, file your child as planned and wait for a notice (if any)
2006-12-10 12:53:09 · answer #2 · answered by megdbrown10304 2 · 0⤊ 0⤋
No worry, claim your daughter. When he does you'll receive a letter from the IRS stating 2 of you have claimed her. Than you fax a copy of the divorce decree to the IRS and he will have to pay the money back on his taxes.
2006-12-10 14:41:33 · answer #3 · answered by ascendent2 4 · 0⤊ 0⤋
If your court papers state that you will be claiming her then that is all you need in writing. If he does claim her too, I would not worry about it because it sounds like if he did receive a payment, than he would need to pay it back as an overpayment. Because you are legally aloud to claim your daughter, he is not.
2006-12-10 12:50:54 · answer #4 · answered by Andy 2 · 0⤊ 0⤋
You may have to show an IRS agent your decree. Keep a calender with the days she goes to her Dad's and maybe doctors appointments and practices, etc. Just keep your paperwork and don't worry about it. you have no control over what he claims to the IRS>
2006-12-10 12:56:53 · answer #5 · answered by Susan M 7 · 0⤊ 0⤋
If they notice, they will flag it and ask both of you questions. (Probably by mail.) Once you show your custody and the decree you will get your refund due and he will be called in for an audit where they will not allow the deduction and probably collect more taxes from him.
2006-12-10 12:50:45 · answer #6 · answered by oklatom 7 · 0⤊ 0⤋
you claim her.
He needs a specail form to claim her and he does not have it.
The IRS will cut him a new deal... fine and audit if he isn't careful.
Tell him so.
You claim her.
and let him beware....
They will also go back 3 years years checking on him..He does not want IRS checking him for past 3 years and next 3...
2006-12-10 12:51:47 · answer #7 · answered by cork 7 · 0⤊ 0⤋
as long as you have court ordered paper stating you get to claim her, i would not worry about it.
when you go to file your taxes and for any reason they come back as rejected then i would contact the IRS asap. they would be able to help you.
you can contact the IRS now and ask them.
good luck
2006-12-10 17:07:31 · answer #8 · answered by virginia l 2 · 0⤊ 0⤋
I believe this matter should be checked out with the appropriate state tax division responsible for such matters. Since he is paying for more than half of her support in such things, it bears checking out for all concerned.....LATER GOOD LUCK
2006-12-10 13:04:07 · answer #9 · answered by veteranpainter 4 · 0⤊ 0⤋
if he claims her first he gets the money .... you would have to go back to court to get that back ... i would say one of two things will happen if u both claim her ... either they will refuse ur return or it may get u both audited ..
2006-12-10 12:48:12 · answer #10 · answered by Anonymous · 0⤊ 0⤋