We have an agreement from the court and I claim them every fourth year and this is the year. I do have it in writing with this year spelled out and the next three years as well with both of our signitures just to make sure. He says he's going to claim them anyway even though he's not supposed to. Can I stop him? He's been lying on his taxes for the last two years also saying they live with him and he doesn't see them. He just wants the tax break because it's like six thousand dollars. And that means he gets back the amount of child support he pays while I raise the kids without help from him. I do not lie to the government but I fear he's trying to screw me and my family. Will I get audited?
2007-01-22 06:19:20 · 15 answers · asked by Bard's Babe 3 in Politics & Government ➔ Law & Ethics
Better than that, get in touch with the IRS yourself and tell them exactly what you told us. They'll take care of his cheating @ss.
If you can't make yourself be that cruel, claim them as per the court decree, using the proper allowed amounts (don't lie), and in the package, include a photocopy of the original decree. The IRS is more than willing to go along with all court ordered tax breaks.
2007-01-22 06:25:04 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you both claim the same dependents, I think you would certainly at least get a letter from the IRS suggesting a correction to your tax return and how much money to send them. The letter probably won't explain the procedures you should follow to prove your tax return was correct.
Even if the letter doesn't give you much guidance on how to prove the accuracy of your return, the IRS website will have the necessary forms and instructions you need. It just takes time to work your way to the information you need.
If they assume YOUR tax return is the incorrect one, then, most likely, you'll need to file for innocent spouse relief (Form 8857), or possibly injured spouse relief if they automatically reduced the amount that should have been refunded to you. A copy of the court order would be one of the attachments to whichever form you need to file and should clear things up.
Attaching a copy of the court order to your tax return probably won't help you since:
a) more and more people file electronically and
b) even if you mail in your tax return, the person receiving it is probably trained to transfer the information from your return into a computer, not on tax laws. There's a chance the person would have no idea what he's supposed to do with a copy of the court order.
2007-01-22 06:45:48 · answer #2 · answered by Bob G 6 · 0⤊ 0⤋
If you both claim the children, the person who files last will be audited. The IRS will flag this because of the children's social security numbers.
If you have a court order proving you should claim them. You'll in the right. I'd include it with your tax return. However, sometimes it takes a lot of time to clear the red tape. It might delay your refund.
You could consult your attorney to send him a letter. That might cost you a little upfront, but might be worth it in the long run since he is not willing to obey the law.
2007-01-22 06:29:33 · answer #3 · answered by the_twenty_car 3 · 0⤊ 0⤋
depending on the thoughts interior the message, your ex-major different will be triumphant in a dispute over who claims the youngsters. The custodial ascertain (for tax purposes, the ascertain with whom the youngsters spent the most nights in the course of the 12 months) receives to declare the tax advantages for the youngsters. An exception is that if the custodial ascertain signs and indications a mode 8332, or there's a appropriate worded divorce decree which enables the non-custodial ascertain to declare the childrent.
2016-10-15 22:52:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you and your ex claim the kids, then you could both get audited. Getting audited is no big deal so long as you correctly filed your taxes. If you cheated on your taxes and are audited you will get caught and be subject to penalties. As long as the rest of your tax information is correct, claim the kids and have the court filing handy should you need it. Your ex will really have to worry.
2007-01-22 06:29:04 · answer #5 · answered by Christopher L 3 · 0⤊ 0⤋
If that's what the court ordered, that's what the IRS will go by. Send a copy of the portion of the order that states who gets to claim the dependants with your return.
2007-01-22 06:26:08 · answer #6 · answered by Luna B 2 · 0⤊ 0⤋
If you have a court order....it doesn't matter if you're audited! You'll be fine. Claim your children this year!
You can't stop him from claiming the children. If he gets caught, he'll have to pay money back and probably other associated penalty fees.
2007-01-22 06:23:39 · answer #7 · answered by Zoila 6 · 0⤊ 0⤋
So what if you do get audited...Just keep things on the up and up and you have nothing to worry about...He'll do what he wants....but at some point he might be paying the piper for his choices....I wouldn't be concerned with what he does....as long as you have a court judgement....you should be in the clear.
2007-01-22 06:24:38 · answer #8 · answered by ticklemeblue 5 · 0⤊ 0⤋
You probably could be audited, but I would not worry about it if you have a legally binding agreement in your favor.
You could call the IRS and ask their advice...they will tell you what action you need to take, if any.
2007-01-22 06:26:15 · answer #9 · answered by dai_nite 3 · 0⤊ 0⤋
It probably won't increase your chances of getting audited. But if you DO, you will need to prove your right to claim the children, and THEN he will probably be audited as well. Do what you know is right, and don't worry about his misdeeds. They'll catch up to him eventually.
2007-01-22 06:24:01 · answer #10 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋