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3 answers

First, who has the LEGAL right to claim the child? In order of legality:
1. A Court document stating who claims
2. Who had legal custody MORE than 50% of the time. If each of you had custody last year for 4380 hours exactly, then NOBODY meets this test.
If exwife is in violation of the rules:

File a tax return claiming the child. Your return MUST be mailed. Allow 12-16 weeks for the IRS to process your refund claim. The IRS will ikely ask for proof of claim from you seince you filed second. If you prove your claim, you get your refund and IRS goes looking for ex-wife's overpaid refund. With interest and penalties.

2007-01-17 13:17:01 · answer #1 · answered by WealthBuilder 4 · 1 0

Did you have custody for over half of the year? If you did, and there's not something in writing giving her the right to claim the child, then you're the one with the right to the deduction. If she had custody for over half the year and there's nothing in writing, then she has the right to claim the deduction - you would not get it even if you pay child support.

If you both claim the child on your returns, then the IRS will ask for proof from each of you for who is allowed to claim the child, and the other person would have to pay back with interest anything they got back in taxes from claiming the child.

If there's a written court document, or signed written agreement between you, that you will alternate years, then when it's your year, you'd win when the IRS questions it.

2007-01-17 21:32:25 · answer #2 · answered by Judy 7 · 0 0

turn her in for IRS fraud
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

2007-01-17 21:08:40 · answer #3 · answered by Mopar Muscle Gal 7 · 0 1

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