my childs father called me up trying to get me to drop child support being that he is broke from oweing the irs. he rushes to claim my child before me. he has been claiming my child every year i have to proove to them that my child lives with me. its been like this for 8 yrs now. even though i got my refund back late due to him filing first a friend of mines told me that the irs owes me money anyways for the wait and the rejection. i need to know how true that is.
2007-01-01 03:28:06 · 8 answers · asked by coleen g 1 in Business & Finance ➔ Taxes ➔ United States
you need a court paper stating which person files the child as a dependent,,,,,, normally its the one who the child lives with, and also who provides over half of its support,,,,, including rent/food/clothing/cost of care etc,,,,,, its illegal for him to file with the child as a dependent, unless he has a court order to do so, since the child doesnt live with him,,,,,, it might help you to get such a paper, giving you rights,,,,, but yet i never had to do that,,, as you said the irs does recognize your claim, it just takes a delay,,,, which im suprised that happened more then one year,,,, as now the child should be on record with them as being your dependent,,,,, i suggest calling the irs,,,, talking with someone, to see what can be done to prevent confusion and delays for this next year,,,, also,,,,, he must still pay child support, no matter what he owes whom,,,, im not sure if the irs would owe you any back money,,,,,,,, due to if he filed first, that dependent was claimed by him till the correction was made,,,,,
2007-01-01 03:34:49 · answer #1 · answered by dlin333 7 · 1⤊ 0⤋
You have gotten some good advice from the answers for this question.
January 12 is the first day to electronically file, do you best to file as soon as possible. Beat him to the punch, so to speak.
If you can't beat him, follow the advice of the notorized letter and divorce decree!!
Usually, if he has been caught claiming a child that was not his dependent, he has to file a form with his tax return that has to have your signature on it.
He probably owes money to the IRS because he has claimed the child fraudulently and gotten a refund, then later had to pay back that refund.
Also, I have not heard of the IRS paying anything more than the actual refund, no matter how late you had to wait to get it.
Do not give up on your child support. If it is court ordered, he can go to jail if he does not pay. May be the slap in the face that he needs!!!
Good Luck with this.
2007-01-01 04:33:30 · answer #2 · answered by sylvrrain 2 · 0⤊ 0⤋
It doesn't matter who files first - that doesn't give him any rights. But if he's already filed when you file, then yes, it could delay your refund since you claim the same dependent - file as early as you can, and your refund might be processed before his return hits the IRS. You'd still have to prove to the IRS that you have the right to claim the exemption, but at least you'd have your refund.
Since this has been going on so long, I'd call the Taxpayer Advocate at 1-877-777-4778 and see if they can help you.
If you got your refund late because of this, it's possible that you're owed interest on it, but not necessarily.
Good luck.
2007-01-01 03:39:34 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
Hi Coleen! I think I can help you. First of all, you should tell your ex that you will never drop child support and do not wish to talk to him about it and that he should contact your lawyer if he wishes to negotiate any changes and that your divorce decree is an order of the court and that if he does not make his payments and make his payments on time you will discuss this with your lawyer and your lawyer will take appropriate actions in court against him.
Now, for the fraudulent part. You need to type out a simple statement: "I hereby do attest and do certify that, by order of the court, hereby included by notarized copy document, that I, your name, do have sole care and custudy of, child's name, and do hereby do so for purposes of federal/state tax claims. I hereby notify you that any other individual who claims this child as a dependant is doing so frauduently." (show this to your lawyer; he or she may want to word it a little differently) Then you go and get this cover letter notarized and a copy of your divorce decree notarized and attach it to your tax return. Tell your ex that you are doing this every year from now on. This will lead to him being investigated and charged with fraudulent tax returns, fees, and penalties. Once that happens, he won't be doing that again. And I do believe any extra monies recovered from him will be forwarded to you, but I would ask your attorney about that. It doesn' matter; the important thing is that he stop messing you up every year. I have to tell you that a REAL man REALLY follows his divorce decree, REALLY supports and nurtures his child, makes peace with and lives in HARMONY with his child's mother (for that is in the best interest of his child), and generally behaves in a MATURE manner that is an example to his child! If he is not yet a REAL man, perhaps he can still become one! Good Luck Coleen. I know you are great mother and are doing a great job under the circumstances. I hope I have been able to help you.
2007-01-01 04:01:53 · answer #4 · answered by gabriel3791 3 · 0⤊ 0⤋
I never ever knew the IRS to pay anyone interest on waiting for their refund checks, or even for rejecting their claim. They SHOULD, cuz you know WE HAVE TO to them, but they dont and wont.
However, I thought of something for the creep baby daddy --- can you file an injunction against him in family court? I think you can do the paperwork yourself or see if there's a Court Advocate available to assist--and tell the Judge what he's doing and the judge will order him to STOP and if he CONTINUES to file with your son, YOU CAN HAVE HIM THROW IN JAIL!
And dont you dare drop child support--even if YOU dont want his money, you put it away for your child when he or she turns 18, they can use it for college!
Good luck, honey
2007-01-01 03:37:34 · answer #5 · answered by Munya Says: DUH! 7 · 0⤊ 0⤋
you need to make him pay an let him know if he wants to claim on your child than he can pay the money he gets from it that will put an end to it dont let him see the child it will only hurt your baby because he is using the baby to get more money you dont wanna put your baby around that an have him or her pick up on the father an learn to do the same thing look im not tryin to tell you how to run your life but my father an mother are both like that i have to live with my grandma an she is suppouse to collect on me for that an they both try an collect first even when i dont see them both for years at a time it rediculous but i can garuntee you my father is much worse that my mother an they are both keepin me from him because he is just using me to get to the money i am now aloud to see him but i wish to stay as faer away as possible i thank god that they kept me from him because i am not like him an i know i would have been so just think it over an i know your probably thinkin i wish she would shut up it aint none of her buss. an that wasent my question any ways but it will help you in the long run belive me
2007-01-01 03:35:50 · answer #6 · answered by none of your biz. 3 · 0⤊ 0⤋
The IRS has a hot line fraud line call them and report him, the will red flag his tax return.
2007-01-01 03:37:13 · answer #7 · answered by Granny 1 7 · 0⤊ 0⤋
its his butt,and an inconvience to you.for your sake of mind let it go Happy New Year
2007-01-01 03:38:49 · answer #8 · answered by vincent c 4 · 0⤊ 0⤋