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my childs father files my child on his refund every year for 8 yrs, she never lived with him she always lived with me. he always rushes and claims her before i can. then im stuck prooving to the irs that she stays with me. then he owes them money, i later on get my refund. every year i have to wait because he gets the refund back before me. he had filed bankrupcy due to oweing irs, does that mean that for every year he claimed and i was rejected the irs owes me money?

2007-01-01 02:40:24 · 5 answers · asked by coleen g 1 in Business & Finance Taxes United States

5 answers

Once you convinced the IRS that the child was your eligible dependent they should have granted you the exemption and gave you the proper refund. If that did not happen you can go back three years and file an amendment. As for stopping him from doing this in the future the only way to do so is to go to the divorce court that gave you custody and get an order preventing him from claiming the child. When he violates the order you can go back to that judge and eventually they will put him in jail. It is very difficult to file tax returns from jail. You should also make an effort to be the first to file each year.

2007-01-01 03:14:29 · answer #1 · answered by ? 6 · 0 0

Well from what you said, you proved to the IRS he was lying and you eventually got your refund, so if that's the case then no. If you didn't get the right refund due to this, then there is probably a way to file an amended return, but I can't hardly imagine it's even worth the paperwork hassle.

2007-01-01 02:47:52 · answer #2 · answered by The Scorpion 6 · 0 0

It would seem to me that once the Irs pays either of you, their part is done, your beef is with the ex. the district attorneys office should sort out the real problem and help you figure out whether or not you can try to recoup any money. Sounds like your ex is going through bad financial times and is doing all he can to avoid paying you, pretty typical event, My bottom line answer is that the Irs is going to give you a NO answer.

2007-01-01 03:15:39 · answer #3 · answered by Robert D 4 · 0 0

If you get to claim your child on your taxes after proving she lives with you then chances are you have already been given all the money they will give you. but if they did not let you claim her and you can prove she has lived with you Then Yes you need to call a tax place and they will tell you what to do.

2007-01-01 02:45:33 · answer #4 · answered by Mary T 1 · 0 0

no the irs dont owe you but u can turn him in for tax fraud!

2007-01-01 02:43:06 · answer #5 · answered by Anonymous · 0 0

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